unknownppl (none) 26 January 2014

Nri exparte divorce,498 and rcr with maintenance

this is regarding my friends situation.

My friend who stays i US got married ,but due to her violent behavior served the wife with divorce in USA and got the decree too,but the wife has left india even before the divorce was granted and avoided the case. She did hire a lawyer in USA but for the final hearing she left US and came back to India. My friend has few proofs for her violent acts to prove it in indian courts. My friend did pay his wife the settlement amount as adviced by the courts too.

At the same time, the wives father has filed 498a against the husband,MIL and SIL in india,but luckily none of them are in india for the case to proceed further. Also recently she has filed MC under 125 cprc clubbed with RCR/divorce. The court summons have been sent to my friend,but he did not respond earlier.And now she has sent the court summons for final hearing through mail to attend the case or it would be decided exparte.

i would like to ask what could be the possible decisions for this case if given exparte.What should my friend do to avoid any further complications?

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4 Replies

T. Kalaiselvan, Advocate (Advocate) 26 January 2014

RCR is to live together, Divorce is to part with each other legally/permanently.Which is the case she has sent summons through mail. She cannot send notice through mail. If she has sent notice to his US address, and he has not opted to respond, it is clear that he accepts her demand in the court otherwise he should have protested/countered her claim before the court. It is not valid if a marriage, which was solemnized in India, as per Indian law, but dissolved in US and not binding on her.The legal action with regard to this matrimonial dispute initiated in India only has legal validity.

unknownppl (none) 26 January 2014

sir,

he was sent the notice through mail for the final hearing and the notice says "the petitioner has filed case before this court seeking Divorce/RCR/Maintenance from you."

So even if my friend has not responded or protested, does it mean that he has to abide by the court ruling?

CAn you please elaborate on the same.

radhakrishna (employee) 28 January 2014

Once your wife has contested the divorce in US then it is as good as a contested case . The Divorcee which you obtain in US will be valid in India because it is contested by wife. If she has left the case half way it is her problem. Well after taking the settlement amount all the cases filed by her will have no value. Take your divorce in US and forget about all cases in India