Confusion on two opinions of 2 lawyers on betrayal and adultery

You can contact. My colleague in poona Advocate Shaila+919821476202

I thinkLawyer 2 is right. But  one hitch. Legal Notice to wife or her lawyer for divorce  through email or courier is not legally vlaid. It should be  seperately drafted on the letter head of lawyer and signed and selaled by him in order to  be lelgally vlalid and sent  by registered post.Convince her  to agree for MCD so no need of Anticipatory Bail and no adultery case against her lover(swomen are not suedfor adultery in India)  which is not akin to  your lawyer no.2's opinion on this. But I agree with Lawywer No.2 opinion not to press for adultery offence  of your wife and her lover unless she files  498 A ansd DV act etc criminal proceedings against you. Its better both of you agree for  MCD on  amicable terms and the family court may expedite your case hearing and you amy get MCD within  less than 6 months  after 1 or two hearings that  the marriagee has brokensdown irretrievably between the both of you, there are irreconcilable differences and incompaibility etc and if  the courts get convinced that you both can no longer pull the matrimonial bond it may issue divorce through MCD Much AHEAD OF 6 MONTHS TIME PERIOD i MEAN AFTER 1St  OR 2ND HEARING OF YOUR MCD CASE. If you appreciate this answer please click the thank you button on this forum.

 

Mr. Gyan Prakash, 

Sir,

Thanks for suggesting for MCD. In critical case of adultery fear remains on both the sides about facing criminal charges on one another. Hence, Lawyer one has given course of extra ordinary precautions viz. anticipatory bail application, aggresive- first for divorce appln., submitting adultery case for keeping pressures on wife and lover. Husband is at loss to get DV even in MCD as per provisions in USA. Husband naturally prefers DV in INDIA. After this action, it will be in the hands of husband to pressurise her for MCD in India. I wanted to know whether POA holder can file DV/ Anticipatory Bail/ Adultery cases in India and present in court except counselling etc. They both may appear before court at the time of W/S and judgement and also for counselling if required. Electronic communications are reported valid now in court. Husband is in favor of accepting MCD but without any pre risk involved in practical and emotions of other side. Is it not so that giving registered notice to wife will precipitate the matter and will not cooperate in USA. At present , both side parents are unaware of the facts. Parent of wife will certainly try to protect and make allegations on husbands etc. Hence, 1st lawyers option is reasonable. It will be in the hands of Husband to dictate term on wife.
 

Thanks for suggesting for MCD. In critical case of adultery fear remains on both the sides about facing criminal charges on one another. Hence, Lawyer one has given course of extra ordinary precautions viz. anticipatory bail application, aggresive- first for divorce appln., submitting adultery case for keeping pressures on wife and lover. Husband is at loss to get DV even in MCD as per provisions in USA. Husband naturally prefers DV in INDIA. After this action, it will be in the hands of husband to pressurise her for MCD in India. I wanted to know whether POA holder can file DV/ Anticipatory Bail/ Adultery cases in India and present in court except counselling etc. They both may appear before court at the time of W/S and judgement and also for counselling if required. Electronic communications are reported valid now in court. Husband is in favor of accepting MCD but without any pre risk involved in practical and emotions of other side. Is it not so that giving registered notice to wife will precipitate the matter and will not cooperate in USA. At present , both side parents are unaware of the facts. Parent of wife will certainly try to protect and make allegations on husbands etc. Hence, 1st lawyers option is reasonable. It will be in the hands of Husband to dictate term on wife.
 

May I get help of experienced Lawyer names addresses, contact numbers in Pune who has experience of Non resident USA divorce cases in India and also handled adultery cases of USA.

Whether POA can file above type of cases in India.

 

First you call n take appointment from ADV Shaila. A reference is given very rarely in this field. I myself am from Bangalore. She is from Bombay/Poona itself talks high about ADV profile. Hope you contact her.

Iam grateful to expert who has given guidance and is keen to study this case. I have also given present situation. Any one interested to contribute advise may pls post on this matter.

Author : Sandbpunekar  Posted a day ago	It is to be added that Lawyer one has suggested for anticipatory bail case to be submitted in India by Husband through POA holder. MCD will not be accepted by wife when she has powerful rights in USA.
Expert : Rajendra K Goyal   Posted about 21 hours ago	How are you concerned with the query? Is it a moot court problem or actual? Are you in India or in USA at present?
Expert : Rajendra K Goyal   Posted about 21 hours ago	You said: Now she is not willing to comeback to India.  Reply: She is green card holder, there seems no reason why she should return. You said: If wife get separated in USA being greencard holder she can file divorce case there which means 50% loss on life long earning of husband and in all tangible and non tangible assets which will go in hands of wife for ever. More over some false criminal charges husband may face.  Reply:  You have not mentioned when marriage took place and where? In USA She is entitled for only 50% of the asset earned during present marriage and not of full life, You would be in a better position if you arrive at consent divorce there rather to file case in India.
Expert : Rajendra K Goyal   Posted about 21 hours ago	You said: Lawyer one opined to submit adultery case against her lover.(Criminal charge for adultery is not provided against women in law hence against lover). Also file Divorce case in India. If she comes to India then it will be easy to send summons to wife. Summons can be sent in USA.  Reply: Where the adultery occurred?  From where the lover belong India or USA? Whether lover is a green card holder /citizen of USA or of / in India? Are you able to prove charges against him through concrete evidences? Have you asked your lawyer whether criminal case can be filed in India, if crime took place in USA on a green card holder of that country by a person of that country?
Expert : Rajendra K Goyal   Posted about 21 hours ago	You said: If she accept for MCD then it will be easy to settle the case.  Reply: There is no reason, why she should accept MCD in India when she can get better amount in USA for divorce. You said: He also suggested to give POA to relative of Husband duly attested by USA Consulate who will sign for submission of case of divorce and adultery in India.  Reply: POA can be given for limited purpose, you may have to present if court order.
Expert : Rajendra K Goyal   Posted about 21 hours ago	You said: As such Husband is not required to present in India for submission of case. He may be required to come in court for 1 or 2 times.It is to be added that Lawyer one has suggested for anticipatory bail case to be submitted in India by Husband through POA holder as a precautionery measure. This can be filed by POA. Reply: No case has been filed by her in India, it is too early to proceed for AB.
Expert : Rajendra K Goyal   Posted about 21 hours ago	You said: Lawyer two said first send Lawyer's notice to wife by email or courier in USA directly and not through consulate stating adultery revealed and prepare for MCD in India. If she does not accept, Husband has to come to India for submission of divorce case.  Reply: Better take second opinion. You said: Advocate said wife can be sued for adultery case in India and once divorce case under HMA and adultery case is filed in India, USA court can not continue same cases there on same grounds.  Reply: Cannot agree in the given circumstances that criminal case can be started in India for a crime occurred in USA when accused and victim are living / were in USA from long time? USA court can proceed with the divorce case, if filed in accordance with the state law of the state in which they are living. In USA, it is allowed in most of the states that divorce case can be filed there if couple is living in that state / jurisdiction of court from last 6 months or so as time fixed by the respective state. They may not be concerned with the divorce proceedings in India, till final divorce decree from India is produced before divorce allowed by them.
Expert : Rajendra K Goyal   Posted about 21 hours ago	You said: If wife is ready for MCD then both are required to be present physically for submission of divorce case. Advocate advised not to file adultery case against Lover of wife if she is ready for MCD.There is no necessity of anticipatory bail as wife can not find any criminal evidence against Husband. MCD will not be accepted by wife when she has powerful rights in USA Reply: If MCD in India is not accepted, opined to file consent divorce / contested divorce in USA. You have to part with considerable saving, but mental fatigue / time can be saved a lot. In USA contested divorce may be decided in 1-2 years and if property distribution agreed between both, it would end in a year or before.
Author : Sandbpunekar  Posted about 14 hours ago	Many2 Thanx to Mr. Rajendra K Goyal for giving valuable guidance and for deep interest taken in this live case. The couple is green card holder and not citizen. They r still Indian Citizen. They married 11 yrs back in Maharashtra under HMA having kids of age 10 and 3 yrs living in USA. Adultery took place in USA in her city of resident by Indian resident lover of other USA state who came in contact through social media. About this details are given in original post subject Betrayal , adultery and divorce 27 days ago and then two advocates were consulted. Name and address of Lover could be traced through internet but his all details could not be found as he resides in other state and stays far long. Lover has two kids and wife with him. Personally not followed for contact.Husband feels pain and loves his wife and still wants to continue marriage with wife and wants to forget her deeds. But she already involved by heart with lover and continue to contact on email etc. It is not clear whether lover will accept her as second wife. What r reaction at lover's home r not known.  Possibility of wife coming back to India is there when parent of wife will know the case and they all may decide thereafter how to handle the case and give backing to daughter. Hence, husband has delayed to communicate the adultery to her parents. There are both possibilities that they may accept MCD in India or they may be aggressive. Of course, parent will first bother about security, safety of daughter and then about action. Husband is in confused and painful stage.