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niranjan   20 September 2015

Can i put stay order on my wife's us trip

Hi,

 

My wife 5-6 months ago forced us to file for divorce through police by creating a drama in my house.

They have already agreed to accept divorce during our mediation in famil court in bangalore.

But have asked for maintenance for 20 lakhs for marriage expenses which we have said no.

She has been adviced by councellor and my lawyer that if this is not settled in mediation then it will drag for 2-3 years in court. She has plans of going to USA for some job offer she has received from her frds company. I want to know if I can file for a stay order on her movement out of India.

 



 12 Replies

advocatepassy@gmail.com 971794 (Advocate)     20 September 2015

No, you contest the divorce proceeding and do not agree for MCD. On the other hand you should file a case for RCR so that she does not succeed in her plans

sandykrish (Interested in Family LAW)     20 September 2015

This is called as pressure tactics to bould you. Be calm and handle this matter with caution. No need to apply for RCR, keep quiet and see what actions they are taking, later you can take counter actions for them.

(Guest)

This is no good advise by experts. Both the spouses have to sit down and come to a friendly agreement. Our courts are already over burdened.The male cant escape responsibility  to pay alimony to wife if she needs the same. In factwe want laws to be amended to give 50% of all property to class 1 heirs compulsory in all religions.We cant keep treating women as second grade citizens and object of s*x play and child bearing machine.

SuperHero (Manager)     14 October 2015

If both the spouses had sit together and listened to each other, there would have been no case at all.

 

Born Fighter (xxx)     14 October 2015

Baseless advice by the consultant who does not agree with experts.

Agree with views of Sandykrish. Its time to exercise patience than getting frustrated /worry.

Do you have a Kid ? If yes then it will not be easy for her to do that.

Fight the case on merits n do not bow to pressure tactics !!


(Guest)

Mr Born fighter  it is good to be hot blooded and Joshila but it does not work in domain of law. Law goes by human conscience, logic, welfare of citizens of any society and the prevailing culture in that period of time. Earlier Gays were not recognised . Now ther are recognised and even marriage between them.

You may like or not like good advise, but fact will remain that in most homes globally, women are being abused, treated as second class citizens, paid lesser salaries, abused s*xually in one way or other and every 3rd male in his home and outside has evil eye on women.Most rapes take place silently in 4 walls of Indian homes and in offices

You cannot take away right of substinence and living of woman, whether she is on good terms or not and same way your about children. You got to maintian your wife and dependents like old parenst too.This law applies to an earning woman also not only males. Law is fair enough.

We want tougher laws in favour of women and also much faster justice.

You may hire kapil  Sibbal or Ram jethmalani.Have they won all cases? I have witnessed two times live Ram jethmalani arguments once in Chandigarh seeking bail for a politician, and once in Delhi and both cases he lost.

A good lawyer can work hard for you, but cant change law and cant change truth.if he tries to do that he should be removed form bar and put in jail. I Will again advise all litigants to first seek path of reconcilliation as 90% cases are of misunderstanding and ego and provocation form people around them. The querist should not get excited by provocation of guys like Born Fighter who lack knowledge about how law works and how much slow is indian judiciairy.It is easy to enter court premises but almost impossile to come out of it before a decade at least.

Wealso advise our parliament to make mandatory reconcilliation in all civil or semi-crminal non henious laws  through consels of both side and atleast one Respected citizen as a panle within 60 days before they arepermitted to approach court registry.

The lawyers should also be asked to file a declaration in allcases that he has gone through case detaul sand fact and he is satisfied that  the complaint he is filing desrves to be heard by a court of law and that nothing materia has bene conceled by him and his client.

We should also give crminals a chanceto admit the guilt. if he does not fuill term should be given if he is found guilty otherwise 50%  punishment. We should alaso raise fines in IPC at least 20 times to current levels.Thebest way to punish criminals is to financial destroy them. The bride burning incident will simply disappear.

One more point all should understand in India or any where in wold 50% lawyers always loose. Is not it? But does any lawyer say he will loose the case? His job is to give best support to his client.He cant do anything beyond that.

FightForCause (Businessman)     15 October 2015

50% of property to wife- WOW

  • Doesn't matter whether wife was at fault
  • Doesn't matter wife did adultery
  • Doesn't matter wife do not wants to take any responsibility of family
  • Doesn't matter wife is just 1 day / 1 week into marriage
  • Many more

This will be absurd if there is no cap on the girl. Laws are not framed looking at emotional values, they are framed so taht they effect the social framework in positive manner and give confidence to the public. Public here is both male and females....if u want to apease only women...join politics...Law people should be gender nuetral.

 

Born Fighter (xxx)     15 October 2015

Mr Consultant, lets agree to disagree...Your views are not acceptable to majority on this forum as you ignore the merits of EACH case , you are not a lawyer and im also not a lawyer , u cannot make law nor i can change the law. 

When all genuine attempts to save the marriage fails, every person should fight against injustice  !!!  And doing that is not being hot blooded or Joshila.

Every Querist and members on this forum can take their own decisions and decide what is best for them !!!

 

 

I walk alone (Asst Manager)     15 October 2015

To reply on this specific query

  • No you can not put a stay on your wife's US visit. Until & otherwise, you put a case against her (Whatever it may be), which is not be ethical. You need not to be as down as your wife might have dived into.

To suggest on you query

  • Talk to the lawyer of ur side and capitalise her movement. (No maintainence to high earning spouce)

To response the consultent on his "GENERALISED VIEWS"

  • Individual mind, individual thought process.
  • Respect each other.
  • You're human, agreed, &  we are not street dog that will eat what you give, so dont impose.
  • Give solutions (if not) then some peace of mind.
  • Stop cursing, you're inviting more curse on yourself than what you give.
  • Try to come out of state wherever you living in and always see other side of the story too.

 

Let us live in peace.

Adv k . mahesh (advocate)     15 October 2015

to stop her there should be a stron reason then only court will grant and here such incident is not there and at the time of mediation they suggested you both to settle the issue amicably means like going through MCD or solving your problems or normally divorce cases goes for years and both has to suffer

prabhakar advocate (advocate)     15 October 2015

Your query is not so clear.  If you have already filed divorce petition and mediation happened and failed due to her financial demand, her U.S. trip is on the cards, then it is really a blessing in disguise for you, for the reason that the case will proceed ex-parte against her, if she does not appear in the court.  So, why should you stop her to go abroad and put your one leg  against another and tumble down?

1 Like

Adv k . mahesh (advocate)     15 October 2015

she may give poa to her father to appear and the case would drag further some more time in this pretext if she goes to us


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