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Bhoomika (Engineer)     04 February 2014

Expert advice required on divorce (nri husband)

Hello,

My name is Bhoomika and i am in strange situation since couple of years. I am married to NRI boy (American Citizen) and we did not stay together even one day. The problem is that due to differences we were not able to continue our relationship as a result, i approached court and filed crpc 125, 498a, 406, dv on him and his family members. As per my lawyer advice i filed all these cases but until today even crpc 125 summons is not served properly and my husband is not willing to come india because of these cases. I have withdrawn 498a, 406, and DV case however my husband is willing to give me divorce only if i withdraw crpc 125. At this point, i am ready to move on with my life and want to marry someone else. The person who wants to marry me has asked me to end the court matter before i remarry him. My lawyer is not willing to give up crpc 125 and he is saying that he will try to issue red corner notice on my husband. Is this possible ? Can U.S. deport him to india or is it just a waist of time ? My lawyer is also saying that if worst comes to worst he will get me exparte divorce on the grounds of desertion and crpc 125 maintenance so that my husband pays whenever he comes india for the time i was his wife. If this happens then when my husband comes to india he will try to harass me to withdraw all cases and once i remarry someone then it will be difficult for me to attend court proceedings . I am going through a very hectic situation and i have to make this judgement call i would appreciate if lawyers can advice me on this.



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 5 Replies

Dr J C Vashista (Advocate)     04 February 2014

Better to get divorced first and remarry.

SRISHAILA.DHARANI (Advocate&consultant)     04 February 2014

Immdiately you change your lawyer and withdraw your 125 proceedings, and get remarry.Your lawyer is cheating you 100%

 

srishaila,advovate,bangalore,9741425514

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     04 February 2014

A Ground of Divorce is Desertion – If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion.


Bhoomika (Engineer)     04 February 2014

Thank you everyone.

T. Kalaiselvan, Advocate (Advocate)     05 February 2014

As suggested by many learned experts above, I too endorse the opinion that it is better you withdraw the criminal maintenance case against him and ask him to sign the papers for mutual consent divorce, once got through the divorce, you can remarry a person of your choice.  You always have an option to change the lawyer in case the present lawyer is too demanding and not cooperating.  Please bear it in mind that you should not remarry someone without divorcing the present spouse, it will be invalid and null and void to remarry someone while the previous marriage subsists.


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