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arun (se)     30 April 2012

Divorce in progress, but wife left to usa, how to proceed ?

Hi ,

I first of all thank all the lawyers who are helping the unknow people who are in trouble by sharing their knowledge with us.


I am victim of false 498a . Now am on bail and the charge sheet is already filed.

I had filed the divorce case before 498a was filed. During the time when divorce was filed my wife was in USA on work thru her company , after that her father filed a 498a on me when she was still in USA. 

The Divorce notice reached her and she was amde expertee once, for second hearing she came down to India and the jusdge referred to mediation . Mediation failed as i was nto ready to agree for reunion because they were just acting by saying that she want to come back. Now after the mediation the hearing is this month. AFter mediation she left to USA last month. So for next court appearance she will not be present.The objection from her side is not yet filed. She will be coming onl during nov 2012. 

So can you please suggest me

1. the ways to get divorce or the path i should follow and whether i need to give any maitainence ( She will demand me huge money) or not as she is already working and i have all the documents of her USA employeement. I dont have any property or cash with me.


Thank you very much in Advance


 2 Replies

Deepak Nair (lawyer)     30 April 2012

As per the Indian law, the wife is not entitled for any maintenance if she is earning. So you may not have to pay any maintenance to her.


Dear Querist,


A working wife is not entitled to any maintenance. Maintenance is not a tool to get unjustly enriched. Contest the maintenance case as and when she files it. As regards the divorce case, if she doesn't appear then apply for an ex parte decree.

To remedy the false 498A case, file for quashing of the chargesheet. Her presence in US at the time of the registration of the FIR bears a testimony to the fact that the case has been filed as a counter to the divorce case filed by you, with the oblique motive of harassing you. 



Ashish Davessar


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