Extreme Urgent-Divorce Proceedings
Rita
(Querist) 24 October 2010
This query is : Resolved
Hello panel of experts! I have an urgent query that needs immediate attention. We are looking to engage a lawyer after some insights are gathered. Let me put it in point forms as below:
1. I am a Malaysian girl, going thru divorce proceedings (no problems on my side of the story)
2. I am in a serious relationship (approved by family) with an Indian national who is also working in the same comp as mine but in different Geo
3. He has secured a job transfer here in Malaysia and are looking to come on board in Nov 2010
4. He is married to an Indian national wife with one kid
5. His marriage is based on gender biased as he is exploited from his current situation where he is verbally, physically and sexually abused by his current partner
6. His wife have lodge a FIR 3 yrs back be cause he revolted against her so she made false allegations to get him behind bars (the case was close as he manage to settle underground)
7. In short, she and her family is making it difficult for him and he cannot act as the law in India is for the Woman hence he did not want to jeopardize his work permit and transition here in Malaysia; he had to endure the abuse as they threaten to also involve his mom to jail
My question is:
1. One he lands here in Malaysia, can he begin the process to serve the divorce frm here? Will this be permitted and recognize by the India court?
2. In her defense if a divorce paper is served, can she lodge a criminal case against him by falsifying/manipulating her grounds so he cant divorce her
3. She has threaten to deport him back once he lands here if he acts against her; can she get the authorities in India to that? Can the police in Malaysia intervene and catch him here?
4. Her spouse visa is not in process, can a restraining order be made against her so tat she cant fly to Malaysia and harass him?
5. How can he possibly protect himself frm her false allegations(is it advisable for him not to visit India for awhile)and on wat grounds can he be granted the divorce without any lengthy process?
adv. rajeev ( rajoo )
(Expert) 24 October 2010
He cannot file a divorce petition at Malasiya, because according to Hindu Marriage act jurisdiction lies where the marriage took place or where both husband and wife resided last together.
She can file a criminal case against the husband, in due process law police may arrest him.
there is no immediate procedure for divorce.
Rita
(Querist) 24 October 2010
Thank you for the reply Rajeev. Understand he cannot file a petition at Malaysia but can it be done from Malaysia as he wud be in Malaysia in 3 days time?
Also, how can the police arrest him whilst he is in Malaysia?
Devajyoti Barman
(Expert) 24 October 2010
1. No unless he settles there for quite some time. Indian courts do reconise foreign judgements.
2.Yes
3. Yes only if the state of Malyasia has got extradition treaty with India. For that his wife need to file criminal cases in India with grave charges.
4.No
5. If he apprehends some serious trouble n India then it is better not to visit India in hurry. The shortest possible way to get divorce is mutual divorce otherwise the divorce cases in India do take some considerable time.
The Police in India can arrest him if Red Corner Notice is issued against him. But as far as my experience involving this type of cases are concerned I have not seen any cases where such Red Corner Notices are implemented by the foreign country specially when the offence relates to marital discord in India.
Rita
(Querist) 24 October 2010
Thank you all for this extremely fast reply. I have checked that Malaysia did not have any extradition treaty with India.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 24 October 2010
Still there can be red alert warrant and or look out warrant for which no treaty is needed , it depends how seriously people back home persue the case.
