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ExquisiteShot88   08 December 2017

Ex-parte divorce: Girl's family refusing summons

This is a long post so kindly bear with me.

I had an arranged marriage in 2015. The marriage happened in a hurry without adequate background checks. We drifted apart 6 months after the marriage and have not been in touch or about 2 years. Since then, we have done a background check on her and came across a few shocking things. I have started a divorce proceedings against her on following grounds:

1) The girl was involved in a long-term relationship with another guy which she continued after our marriage as well. I have documented evidences of their liaisions post our marriage (Intimate Photographs, Train Tkts of Simultaneous travel etc)

2) Through our connection with the Income Tax Department, we realized that in her application for PAN Card, which she got before I married her, she provided her detail as "Married" with her lover's name appearing as her husband. She probably eloped and got married to this guy but due to family pressures got married again to me  (Her lover/ex-husband was from a different caste)

3) Through further investigations, we found out that the girl has falsified a lot of things about her educational, professional and family background. Her brothers were found to be involved in a few criminal cases as well related to fraud.

4) The girl also has an uncontrollable temperament and was abusive towards me throughout our marriage. She also brutally harassed my parents once when they came to visit us

Initially the family agreed for a mutual consent divorce but went back on their words. She started calling me on my mobile apoloizing for her conduct and pleading me to save our marriage (Only after she realized that I have documented evidence of her adultery!). I started divorce proceedings against her about 3 months ago but her family is not answering court summons. I have a few questions to ask:

1) Can an Ex-parte divorce be granted on account of this despite the summons not being serviced ? What should be the best course of action from my end ?

2) Can my in-laws get me in trouble through false cases ? Her brothers threatened that they would implicate me in 498A but so far it has only been an empty threat. They have absolutely zero evidence of any dowry demand, domestic violence etc. Considering the fact, that they theselves have been on the wrong side of the law, I am not sure if they would take that route. Also, it has been 2 years since we are staying apart and I have not seen any action on their part.

3) My wife has not filed claim for maintenance. How much alimony I may have to pay ?

4)  I do not want my personal matters to spill over into my professional life. Can my professional life be impacted due to some frivolous litigation on their part. Nobody at my workplace is aware of my personal distractions. Also my job may require me to move abroad in near future before our divorce is finalized. Can I go abroad on a work permit with a pending divorce case in India ? After this tumultous experience I am in no hurry to marry again.

Thanks a lot in advance...

 



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 3 Replies

kunal “#unconventional #Aquari   11 December 2017

with reference to your first query: yes it can be. as she did not appear before court she may be declared a proclaimed absconder, if she doesn't appear within 30 days of issuance of summons/ service of process.

with reference to your second query, regards the in-laws part, you may file an FIR for criminal intimidation under 506 ipc. u can also approach judicial magistrate for help.

and with reference to your last query, if u can show that due 2 ur wife's temper there was irretrievable breakdown of marriage, u don't need to pay any alimony.

for further queries u may contact me at: basu_kunal@hotmail.com. As ur lawyer, I will be only too happy 2 advise u

Regards
Advocate Kaybee

kunal “#unconventional #Aquari   11 December 2017

you may go abroad any time. just give an undertaking 2 court that u/ ur legal representative will appear before it whenever summons are issued 2 u

Sachin 7865454111   11 December 2017

You can be summoned from abroad, arrested and prduced before court.


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