LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

ruchikaz (hr)     07 October 2014

Nri dowry case

My husband and in-laws are in foreign and i was also residing with him in abroad after wedding on dependent visa.He sent me india for a change sake and he put a divorce petition in india after knowing this i went to abroad to meet them and they didnot allow me to enter my wedded home and misbehaved with me and After having no other option , i put a maintenance case in foreign and gave power to attorney to the foreign lawyer and came back India.Now all the other cases like divorce case , DV act , police complaint in women cell are going in india too .Few days before on hearing of indian divorce case,i came to know that my husband has withdrawn the divorce case from India (his case was weak here) without taking any liberty from the court

and then after 2-3 days i came to know from my abroad lawyer that my husband has filed a divorce case in abroad and my abroad lawyer has recieved the summons on my behalf without even asking me and now i am in a big problem as he has recieved the summons because i have no more dependent visa.The abroad lawyer is not in a good communication and telling me to contest to avoid ex-parte but the reality is i have no expenses no visa and the lawyer is not trustworthy . The maintenance case which i put abroad that also got rejected for non submission of marriage proof and lawyer told me very late.what should i do ??

My few important queries are :-

 

1.should i revoke my POA from the abroad lawyer??(whats the procedure)

2.should i contest the abroad divorce case (but the fact is i am not in a position to contest )?

3.If not ,can any of my friends (who are supporting me ) in abroad with the abroad lawyer go to court with the application showing the facts that my husband has malafidely put the divorce in abroad while the pendency of indian divorce case and knew that i have NO visa to contest in-person and all the other facts??

4.If abroad court knows the summons have been recieved . is it against me ??

5.If we contact the abroad court with the application about the facts .will it be consider in proceedings?

6.Is there any way to get the abroad divorce case dismissed ??

7.In india FIR is gonna lodge soon . Will the FIR be of any help ??



Learning

 22 Replies

Rahul Kapoor (Legal Enthusiast)     07 October 2014

hello,

first make your mind about what u wanna do then plan your action.

serving of summon is a normal procedure of court and it shall not effect the merits of the case.

ruchikaz (hr)     07 October 2014

Sir i do not want to contest abroad .Is dere any way to get the divorce case dismissed from foreign court ?

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     08 October 2014

Dear,

 

Don't panic, try have a good communication with your lawyer first. So far as the divorce case filed abroad I think that it has been filed without any actual jurisdiction since you are in India. Yes your friends can file an application before the Court there mentioning that your husband is just trying to fool the court because he has filed divorce case earlier in India and now since you have been in India, taking advantage of your position he has filed the same before the Court there,

Summons can never be against anyone, but plz mark your presence through someone, FIR in india will be helpful in India and your husband will have to come if required by the Indian Courts.\

 

Advocate Kapil Chandna

9899011450

ruchikaz (hr)     08 October 2014

Thank you sir for the great advice . But guide me on this too that :-

1.The application should be submitted on the hearing date  OF ABROAD DIVORCE CASE or can it be submitted before the hearing date also ?? shall the lawyer be  accompanied with my friends or the friends can go on their own for the submission of the application about the facts of mine ??

 

 

ruchikaz (hr)     08 October 2014

Once FIR gets lodged in india . Will it be of any help in getting my husband and in-laws deported from the foreign country ?? 

LoneFighter (IT)     08 October 2014

@ruchikaz:

Why would some one deport anyone from foreign country. It has to go through embassy. Only in case of serious crimes, they will be deported.

If every women who file DV case asks for deportation, then probably atleast 20% of people would be vacated from US. 

ok answer to your question: No, they wont be deported. Court will wait for the person to come. Indian courts cant order foreign country, at max they could impound passport thru indian passport authority. that too at max.... 

Sudhir Kumar, Advocate (Advocate)     08 October 2014

Originally posted by : ruchikaz

Once FIR gets lodged in india . Will it be of any help in getting my husband and in-laws deported from the foreign country ?? 

It is possible but one has to work very hard for this.  For Police matrimonial offenders are not so big a trouble they  concentrate energy for deportation of terrorists and alike.  You can try.  You can get him declared PO and can be arrested as soon as found on Indian soil, if you have material to convince the court.

ruchikaz (hr)     08 October 2014

Thanks all for the advice.

Please tell if my husband files an application in court  for Anticipatory Bail after FIR how can i stop him getting Anticipatory Bail  from the court .

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     09 October 2014

Dear, Your adv in India will poppies the bail along with the concerned public prosecutor.

rani jain (others)     11 October 2014

File a complaint with ncw. They have authority to deal with nri fraud marriage cases.

ruchikaz (hr)     12 October 2014

FIR hasn't lodged yet .Its been more than a month. IO saying he has forwarded .

AS   13 October 2014

You can create hue and cry in court , but if you are lieing in court then you may later reppent ...

Advise :- Go for mutual divorce best,

Sudhir Kumar, Advocate (Advocate)     13 October 2014

approach NCW as advised.

ruchikaz (hr)     13 October 2014

Thanks for the replies . I am in a big problem BECAUSE i do not want myself to become ex-parte and i do not know what should i do to get the abroad divorce case DISSMISSED  filed by my husband as if he gets ex-parte he will never come to india and will re-marry there and enjoy his life with no regrets.

This is going to happen as the date of abroad case is coming near and i have nothing in my hands.

I AM HELPLESS 

PLEASE GUIDE ME ON THIS


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register