Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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pissed off (supervisor)     25 July 2013

Nri contested divorce advice please

Hello there Experts

here is my  story

I married my couisin, , who is a European citizen to get me settled permanently in Nov 2011.which was basically a contract marriage between me and my Mama's family.

Following which, My mami(maternal Aunty) who is bit of a drama queen, started to show up her real colours by asking for a big amount of money on the pretext that she needs to buy a home for me and my couisin in Europe,to be able to strenghten my family immiration application otherwise it being a marriage in the close realationship, could be seen as suspicious and fake by immigration.

 

it was all after the marriage ceremony was performed in India.

This whole thing was her ugly idea to get me settled there in Europe,

I have been living in Australia  long before that  which was 2006 , since the time I ve lived in Australia, I wasnt 100%sure about my residency thing in Aus at the time of marriage which was Nov 2011, that is why I was made to take this risky step

So my family and I fell in the trap of her plan and gave her huge amount of money by selling a piece of land believing she wouldnt misuse it and then I went on to lodge my application in the European  embassy in new Delhi. Few months latter via post, I was told that my family case was rejected coz of insuffuficient funds shown by my mami

So ever since than its been a bitter war of words between our families over  what happened with the huge sum of  money and the wastage of about a years worth of my  time in India whilst waiting to hear from European Immigration.. Her lame excuses just carried on..

 I lived in India waiting for that long and  I  met a girl and fell in love with her whom I got engaged too espescially after realizing the above written fake marriage  wasnt going to work, I promised my fiancee that I shall marry her after getting divorce from my couisin, which wouldnt be hard since it was a family thing and no third party was involoved.

But the problem seemed to get more complicated since my mami showed her reluctance in getting us divorced thinking that after we get divorced, she might be questioned and enquired about where the money disappeared which according to her has been fully spent on getting the papers ready for me and organising the purchase of house and all that bullsh***t.

  1. So the question here is that if I want to contest the divorce , do I really need to go to India and lodge it there since my couisin doesnt reside in India either or Can I send POA from Australia and get my parents to lodge it? I mean It ll waste me more time and money too..
  2. And lets say once it is lodged either way as mentioned above, could my mami create anymore havoc after it is served upon them in Europe or even when its is about to be decided by the court to be passed as an exparte., or after the 90 day period?
  3. Also, once it is lodged what ground should be choosen to contest it, Should it be desertion considering no calls or no other form of emails or anything have been exchanged since May 2012 up until now, between me and my so called wife, since the rejection of my application by immigration.
  4. Or would it come under cruelty or fraud for alluring us in believing their fake story and making money out of us?

Since it is a family story I prefer to have it sorted out in a manner  so that the ground of fraud is not used  which might lead to more complications in whole of our family but at the same time want to get it out of the way so that  it doesnt spoil my upcoming life and I can be one with my real fiancee soon..

I would muchly appreaciate the answers.

thanks



Learning

 1 Replies

Akshay Sahni (Founder/Partner)     25 July 2013

Dear Sir,

Please get in touch on 0091-9891982832 or visit www.indialawhelp.com

We will be able to assist you.

 

Regards

Akshay Sahni

Advocate

Partner

India Law Help


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