Ex-parte divorce and consequences

Getting divorce itself is civil proceeding. I don't see any connection of your husband getting arrested. The person is out of country and getting maintenance is not easy if he doesn't wanna give you. It is ur right to claim maintenance however if u have plans to move on with ur life then do as he says and start a new life. Life is so precious and sometimes when u make right decision for yourself, you will posper thereon.

No he will not be arrested.

If he doesnt attend the court proceedings and you get an exparte divorce. He can file anytime in HC for a set-aside orders and the consequences are you will be troubled after your remarriage.

No. He cannot be arrested for not attending the court proceedings in divorce matters.

w.r.t to alimony and maintenance, its difficult to answer without knowing facts like your working status, desertion etc..So disclose the facts to answer your query.

In my opinion, he is genuine in denying alimony and maintenance to you in exchange of an MCD, I would suggest settle the matter amicably.

Otherwise

"Welcome to litigation"

hello deepika,

first i fail to understand why you wake so late in night [say early in morning] @ 02:53am to ask for guidance. you can do it in normal working hour.

of course it is not anyone lookout. but i understand your mental situation. u cann't take decision.

u donn't clear whether u wonn't like to go to uk or he doesn't wish that u r with him in uk. ?

Thnks to all for the reply.

Grishma i don't know how you say i wake night asking for guidance,have no clue what you talking about ?

　

We are both not compatible from the day one but due to social problem i kept quite and want to continue the relation but now i realised it will never work as he wants to live in UK forever and for him his career is important whereas i want to stay in India as i know in UK i will never find a job and will have more trouble if i depend on him and stay at home as housewife.

　

As you all know for a woman it is not easy to file divorce alone and need help from parents and relatives who are after him and want to teach him a lesson saying he destroyed my life.They want that i file cases againt him and ask for maintenance and alimony.Also they are saying i don't have to worry because the state lawyer will fight our case and we don't have to pay any money to the lawyer which i don't understand.

　

I also know that my husband is a stubborn man and what he says is that we both are responsible for whatever happened and its not just him and also he never touched me or took any advantage or took a penny from me so he agree with MCD otherwise i will only waste my life running after court as he will not attend any court proceedings and waste his time.I was told by my relatives that if i file case then i can easily get divorce and also get maintenance and alimony without any problem and i will be on safe side and he will be forced to return to India otherwise it will take ages for me to get divorce.

If he is an NRI and if he is working with a non Indian firm then it is impossible for Indian courts to get his salary details without which court cannot decide on alimony and maintenance.

 

 

If you file false charges against him and he don't fight then maximum you can get a LOC issued against him but this will only gray your hairs and waste your life and he will enjoy his life outside India.

Deepika,thanks for being honest and I appreciate the position you are in.

498A dowry case is run by government lawyers,hence no expense for you.But DV,maintenance,divorce cases run by yourself on your expense.

Has he got parents in India?For it is almost certain that he won`t come to India once you file false cases.If he won`t engage in the legal case,then you may get divorce with alimony and maintenance probably after a struggle.But you won`t get any money for he is not going to pay.After another 1 or 2 years,you can get a look out circular(LOC) awarded against him for arresting him at airports but that`s as far as you can go.If he has property in his name in this country,you may take steps to claim a share to claim the maintenance/alimony.If he has got parents etc,you may threaten him with false cases on them,but it depends on his character.If he is stubborn,he is going to fight the cases rather than pay you money.

And maintenance is only till you get remarried,so permament alimony is probably what you need to look for.Why don`t you ask him for a reasonable one-time payment for avoiding unnecessary trouble but avoid being greedy on the advice of relatives.

hi,
hope u won't mind addressing u in this manner.
u posted ur query around @ 02:50am in an early wee hour of yesterday. if i am not mistaken. that shows u won't sleep.

every one has own problem and feel their is big. yes it depends on which type of case you are going to file. any good local lawyer can make u understand pros and cons.

by the way, u married him bcoz he is NRI or bcoz of his false promise to leave UK. u don't mention.
if stay in uk is only problem, thn can only suggest to convince which i assume u have already done it.
even non educated people wish to have a chance for abroad stay and they try for it. so ur worry u won't get  job...obivious u know situation better then anyone.

other thing is ur personal matter and both of u know frm bottom of heart whose fault it was.

 

red are you sure only 498 is run by government lawyers and not other cases.Then why my relatives are saying i don't need to worry as without any expense i can get a government lawyer ? Does that mean with 498 the government lawyer also fight divorce case without any fees ?

He is having parents in India but he don't bother or care for them and he is not having any property in India.I also don't have any details of his work or address where he lives in UK.If i threaten his parents its of no use as i wont get anything from those poor old people.I know he will not fight any case.How can i ask him for one time payment which he is not ready to pay and he is not afraid of any law or anyone.

Grishma i posted the query yesterday night so don't know how you say its @2:50am ?

He never gave me any promise to leave UK or i married him because he is NRI.It was arranged marriage and we only came to know each other after marriage.I know that i will not get a job there and i am not willing to work in a shop or as cleaning lady in UK and he is not willing to return to India so when we both are at different place there is no single scope of our relation to work.

I am not in a hurry to remarry and neither he is in hurry but being a woman to live in society i will be compelled to remarry again and i don't want to run after court cases which may take long.

 

I am working and earning 35k.

 

 

The mistake was the marriage was not registered and it was only ceremonial.I am sure in UK he is still having unmarried status and this is also reason he is not ready to take me to UK as if he get me a Visa then he knows that i can fight a case against him in UK court so he is very smart person.I went to get my marriage registered with photos,invitation card etc but at the registry office they said without the presence of husband and his signature on the form i cannot get any marriage certificate.Now without a proper certificate i even cannot go and talk with anyone at the UK embassy and get his information.

Need Justice i am asking for Alimony because i am a woman and in India after divorce a women don't have future and life in the society.He is a man and he can easily find a girl and remarry but for me it is not possible in Indian society.

 

I don't want to file criminal case but being a woman you know its always parents and relatives who are involved in this matters as it was arranged married for which they were involved and i cannot change this Indian society.It is them who want to file criminal charges otherwise they say i don't get any compensation and according to them while filing divorce all blame should be put on man and woman should be claimed as innocent otherwise in society women are always blamed for divorce and not men whatever they do.

 

My uncle is saying that i should file only cheating case against him as if he was not ready for marriage then why he got married to me so he was cheating me by not take me along with him and it is cruelty for not getting visa for me when he is living and working there.

　

He says by filing cheating case even if he does not come to attend the case he can be extradited and will be forced to attend the case and i will get divorce and for not paying me alimony and maintenance he will be punished.Also it is my right to get alimony and maintenance which he has to pay.

cheating case in this situation is not maintainable. there is no shortage of men in india.

  You uncle is a wise man and i agree with his advice.This is how Indian legal system work otherwise you will be the looser.

 

 

 

 

  If he is not ready to pay you alimony maintenance then you can file case of fraud saying that he is married to someone there and he is cruel with you.On this basis you can file 420,494,495 and multiple cases against him and without moving your finger you just wait and watch the Indian legal system will bring him back to India and you will get your alimony,maintenance,divorce whatever you want.For filing above cases no proofs needed and its your husband who needs to come to India and fight his case so he will not escape.In this way you will be compensated and also get divorced easily.