Is My Family in Danger?

1. You are same author to Re. post - right. !

2. Why start a new thread ? This last que. of yours in this thread could have gone to your earlier thread - writers / repliers could have easily co-related the entire briefs to make appropriate answer - right or wrong !

3. Yes, they can be easily arreyed and dragged to Court.
Reasoning: They are the softest target of your left behind wife and her side here to flush you out of UAE.

4. If you have more que. pick either of your existing thread instead of starting a fresh thread next time.
It is just a advise.

Hello Sir,

I believe you are the fastest member in this community! :) 

- Posting a new thread instead of continuing the old one: I always try to put my feet on visitors' shoes, like I did, they'd scan the title and open interesting titles. Someone out there might have exactly the same problem with me. Thanks anyway for the advise.

- They can drag my family to court for a case they might file againts me? Does it means.. that the court is capable to drag different individuals to replace the charged person (because I wouldn't be there, so my family will be dragged for the "mistakes i made"?) Would you please refer me to any part of existing rule/law regarding this? 

@ Author,

1. It is good to understand the possible 'gravity' of developing legal situations one may fall trap into. But having said so I add there are limitations to replies by repliers and unless if emerging situation directs a spouse for the inevitable legal soup very soon it is as a good practice suggested to appoint a Lawyer just as in a retainer basis who will not only have grip on your briefs but may come handy if ever and / or but THAT situation happens!. Hence feeling that you have understood the background it would be nicer as in safety (precaution) wise to engage a Lawyer from LCI forum list and or as per your capacity if you see the cloud is darker once seen minus rainbow glasses. I hope you understood the wider meaning of what I am trying to say in my this last post to you.



2. ‘Replace’ word is not there in Law as in understanding wise if Family Law matters are put on touchstone (I mean this is my blunt opinion subject to correction if any)! It is called "arraying" or in layman’s  way such and such family members were "arrayed" in such and such Crl. and/or Civil family law suit(s). Take a flip paradigm shift suppose Mr. X was named as respondent and or as proposed accused in either and or a Crl. and or a Civil suit under family Law, he dies during the course of such and such litigation, so this Mr. X who is now dead is not replaced by some Mr. or Mrs. Y same way in your situation (I am omitting succession and probate matters though fromthis logic) since you are in UAE probably due to some Service restrictions (problems she is facing) and or due to some lacunas of other side (wife) is not able to Service upon you then as per my previous mail reply it does not mean that she will create pure ‘cause of action’ only on your family members left behind in India and omit totally you as in naming you as in opposite or alleged party? No why should she do so is another discussion point! Is she allowed to do so let us see from angle of current existing scopes she has;


Under divorce (civil) – only you and or either of you can make each other as party
Under S. 125 CrPC – she can only make you as party and if child then she along with child can name you as party.
Under S. 498a IPC and its series of banquets suits – Yes the catch is here she can name all male and females including you as party
Under DV Act – same as mentioned in short in S. 498a IPC series.
Under Guardianships Act – You as well as she and or your parents and even her parents can sue the custodial person under whose temp. custody the child is.


Hope this basic understanding as in family law (means under miya aur bibi ka bukhar wala) helps and I (softly) feel and say it is still not too late to engage a Lawyer as retainer as suggested in para 1 of this reply post to feel the pulse of other side as well as keep a watch of the Board (court) till any Jurisdiction case not on floor of any Court and yes once any family law nature of suit is filed from her and or by her side this part time engagement of a Lawyer comes very useful for NRI’s sitting across thousands of miles away from their home base just for momentary peace of mind.


Or else take sabbatical from Job and come down to India and sit with her and sort (iron) out all differences till date once for all for that peace of mind.

All the best.