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biswabhushan nanda (Part-time)     16 January 2017

Hefty maintenance demand as husband not available in india

Hi

I am married since 2010 under HMA... Ours is an arrange marriage and we started to have trouble from the very first week (which I later got some information that she was in affair with someone and her parents didn't want her to get married in a different caste... blah blah). After 3 months of our marriage she has to stay separate as she was doing MBA in a different distant place and she came around 3-4 times during the completion of her course. We were not at all compatible with each other (later her father admitted in an email that sometimes she becomes so aggressive and violent which he hided from me before marriage and I have to adjust with her aggressive violent nature - she even was comfortable dragging my father my father (>70 yrs), my elder brother, throwing objects at my mother (>65 yrs) during her aggressiveness) and at last as officially declared we are living separate since jan 2012. We tried so many times to go for mutual divorce through advocates, but they didn't cooperate and were asking for 35 lakhs, which is beyond my capability.

 

In the mean time I moved to out of India in 2015... and they filed for divorce... we didn't receive any letter from them except only once when we got the court summon to appear. I am not in India and thus the case is moving towards ex parte with a hefty demand for 50 lakhs along with various false torture, harassment etc.....

 

My parents (both more than 70 now) are in India and my brother and sister are also in india. Recently they sent letter directly in the hands of peon from court (separately to my brother and parents) and the peon highlighted that the letter is for them to know that the court is going to take a major decision for me, and as my guardian they should appear in the court. However, none of them accepted that letter from peon (since my parents don't read english, and my elder brother is not my guardian), neither did they appear in the court.

Again they have filed DV u/s 18,19,20,22 & 23 and sent notice to my parents by regd. post in English (my parents can't read english). Same came to my brother and by the time they received the post it was already out of date to appear in court and it was mentioned that if they don't appear in the court the case will proceed ex parte.

Now from the unofficial sources we came to know they are also planning to file 498a. We now know that after her MBA, she did B.Ed and is now working as a govt teacher in a high school and we heard she wanted to marry her colleague (which I don't have any issue) and thus they are proceeding with cases so aggressively.

- What are the consequences, if I can't appear in the court and let the case go ex parte? - Can court attach property of my parents / brother, in ex parte?

- If they get a decree with ex parte (they have not yet got a decree), can I set aside the decree through a PoA to any of my family members or through a vakalatnama (Is there any risk of ending up in hefty amount with vakalatnama)

- Can the law force my parents / brother to provide her maintenance, even when she is in a govt job? Any tips we can prove her job in the court... we know which high school she is working and all, but do not have any documents yet.

- Will it be difficult for me to visit India later some time to my parents / friends or extended families (since the court may issue a warrant as I could't appear in the court with the summons)?

- If there are any cases we can file on them?

Look forward to help from the community.



Learning

 5 Replies

whatnot   16 January 2017

Your brother needs to be bit proactive.

By law, they can't attach any ancestor property. But Law can be brought and so the system is skewed. Your brother has to appoint a good lawyer and get the various cases that is against your family and you.

1) Divorce, Have they obtained exparte?. If so what decree says. Does it have alimony or maintainance attached to it (probobly Intierm).

2) DV . your brother needs to check if all names of your relatives exists? If so , your brother has to fight the case based on merits and squash the same. You can't let things on back burner. Let them approach court and state the facts and state that they have no idea about wherabouts of you (Only if you have not left any trails). Even they can fight for entire family provided you send them power of attorney.

 

3) You need to take a call  on yourself what you want to do next. As long as you are abroad you can plead ignorance. But you will have difficulty if repartiating funds or you have to visit India (If not immidiately they will pursue criminal very soon)

 

Time to reach a good attorney. Prono to.

1 Like

(Guest)

Dont mess up life by sitting elsewhere, come down and fight all cases.

biswabhushan nanda (Part-time)     19 January 2017

Thank you so much for the replies... There is no ex parte divorce decree been made yet... Maintainance they have filed in a separate with DV u/s 18,19,20,22 & 23... I want to fight the case, but will be difficult to visit India if I have to appear in court... If I shall give PoA to family member, do I still need to go and appear in court? Which one is a better option between Vakalatnama and PoA, considering its difficult to visit India to appear in court...?

Look forward to few suggestions.

whatnot   19 January 2017

On first instance you need to be in court premise for submission. Notorise a PoA and hand let the competent lawyer and your brother can take over.

 

Figth the DV. It is for them to prove the allegation. Your party and you just have to be there to deny all aleegation. Fight the maintainance based on merits and prove it is injustice to maintain someone who tends to harm your own existence. Don't let even a rupee interim to pass. Drag as much as possible. Until they come to sense and seek mutual consent divorce.

Take a call then.

Need a good lawyer is a must.

1 Like

biswabhushan nanda (Part-time)     19 January 2017

Appreciate and thanks for your reply..

Can I fight the case with an Vakalatnama, with me not being there in India? Is there any risk associated with Vakalatnama, given the consideration that advocate may take decision for anything in the case on behalf of me? I am in Canada and going to India to appear in court submission immediately even in first instance is difficult for me now.... Is there a option I can notarize the PoA from here and send PoA to court in India... Is there any other options available to fight the case? 

Look forward for support from the group.

   


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