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chinni (SW Engineer)     26 June 2012

Advice on legal notice

Dear Experts:

Am planning to send a legal notice to my wife who has not been living with me since last 1.5 years from the day I came to USA I did request her to join me multiple times but she did ignore all my requests. She keep on telling the she did apply for passport and waiting. I requested her to send me a copy of the passport reciept but she denied. I dont believe that she did apply for the passport and she is just fooling me. Last year they did change the house and I requested them to provide me with full address including house number. My wife and her parents are not giving the full address. 

What is the alternate ways to send her a legal notice? Am in US and am i able to file RCR or Divorce on the grouds of cruelty? 

My daughter is 2.5 years old. I lack peace of mind, my wife is trying to break the bond between me and my daughter. Can I file for the child custody with out giving her a legal notice or filing RCR or Divorce petition? 

 



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 12 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     26 June 2012

Dear Querist, 


 

If you are a Hindu, in whichever part of the world you may reside, Hindu Marriage Act governs and RCR/Divorce can be filed. As regards service progressive procedural laws allow service via email. You can also apply for child custody, atleast meeting (SKYPE) Rights. 

chinni (SW Engineer)     26 June 2012

Dear Ashish:

Thanks for the response. If not RCR, can you suggest the procedure to file divorce on the grounds of cruelty, also kindly suggest how to defend or protect from the false cases if she comes up with any? Can I send a legal notice through email if they are not letting me know thier address?

chinni (SW Engineer)     26 June 2012

Dear Bharath:

Thanks for the response. If not RCR, can you suggest the procedure to file divorce on the grounds of cruelty, also kindly suggest how to defend or protect from the false cases if she comes up with any? Can I send a legal notice through email if they are not letting me know thier address?

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     26 June 2012

It's good that you understand and anticipate false cases implicating you and your family as a counterlbast to divorce petition. There are certain intimations that can go a long way in protecting you. Apart from this Divorce can always be filed on the grounds of cruelty. The procedure is to approach the court with a petition for divorce - spelling out the necessary ingredients and filing it. A contested divorce may take years in court - I hope you understand that. But if the marriage is beyond repair then a start has to be made now or even 2 years down the line, the sooner you start the better it is.

 

Good Luck !

chinni (SW Engineer)     26 June 2012

Dear Bharath: Will you take care of it? I dont know but am looking for a good lawyer. Before I file a divorce petition, kindly let me know more details about protecting me and my family from false cases?

 

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     26 June 2012

Dear Querist, 

 

If you are a Hindu, in whichever part of the world you may reside, Hindu Marriage Act governs and RCR/Divorce can be filed. As regards service progressive procedural laws allow service via email. You can also apply for child custody, atleast meeting (SKYPE) Rights. 

chinni (SW Engineer)     26 June 2012

Dear Bharath: Will you take care of it? I dont know but am looking for a good lawyer. Before I file a divorce petition, kindly let me know more details about protecting me and my family from false cases?

ketan (owner)     26 June 2012

Sir, pls advise me.

One of my friend female aged now 42 years. named Babita. who married first time in 1996 ( NAME A  ) and got daughter in year 1998 but due to some problems she left from husband  house and in year 2001 both did divorece deed signed in sub registrar office and my friend got one time alimony.

She remarried in year 2002 but  second husband ( NAME B ) were having children from first wife ( his first wife expired in year 2001 ) , there also she not adjusted and left in year 2003 , from him she got lot of alimony in six figures,both they signed deed of divorece in sub registrar office and seprated IN YEAR 2006., In year 2003 when she left from second husband  she left with  her real daughter and in school application form she given name C as her daughters father (not gaurdian )., now her second husband B came to know that she  given new  as father in year 2004  ( now year 2012 ) , pls let us guide what is my friend position., It is also true that on husband A and B she filed 498a and other cases..His second husband got some school papers and from those papers husband B cme to know every thing. pls help and advise.

Thanks

Sameer12345 (SSE)     26 June 2012

 

Contact a Lawyer.

 

Babita's First marriage is still subsisting. Until Her First marriage doesn’t get dissolve through court, Her sub sequent marriage is null and void.

 

One of my friend female aged now 42 years. named Babita. who married first time in 1996 ( NAME A  ) and got daughter in year 1998 but due to some problems she left from husband  house and in year 2001 both did divorece deed signed in sub registrar office and my friend got one time alimony.

 

>> Divorce Deed has no value in the eyes of law.

 

 

She remarried in year 2002 but  second husband ( NAME B ) were having children from first wife ( his first wife expired in year 2001 ) , there also she not adjusted and left in year 2003 , from him she got lot of alimony in six figures,both they signed deed of divorece in sub registrar office and seprated IN YEAR 2006.,

 

 

>> Her Second marriage is void as first marriage has not been dissolved through court divorce decree.

>> As she has received alimony from second husband, There is a very less chance she can claim anything now from second husband of void marriage.

 

 

In year 2003 when she left from second husband  she left with  her real daughter and in school application form she given name C as her daughters father (not guardian )., now her second husband B came to know that she  given new  as father in year 2004  ( now year 2012 ) , pls let us guide what is my friend position., It is also true that on husband A and B she filed 498a and other cases..His second husband got some school papers and from those papers husband B cme to know every thing. pls help and advise.

 

 

>> Experts can advice on above situation.

>> Sort out the issue mutually will be a good option if there is an issue.

 


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