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Philip (None)     22 October 2014

Nri foreign divorce - problem possible?

I am a NRI - my wife and I got divorced couple years ago. She agreed to terms and signed papers and left for India. Then I filed in court for mutual consent divorce and got divorce.
But she is very evil woman - so is it possible she went to India and filed any complaint of 498a or abuse in India? Is there any way to know if she did?

If by chance, she filed complaint, will they issue summons right away? Or will they wait till I am in India?And how many years is it valid?

I want to travel to India for vacation - but dont want to go if any problem possible.

I am US citizen now so I dont need to go India ever if any risk.

Please advise me - any trouble possible?



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 5 Replies

ANAMIKA VICHARE (LAWYER)     24 October 2014

YOu said you filed mutual consent divorce and got the decree.   I do not think there is any chance of her fling 498A.  ven if she files. now as per Supreme court guidelines, police cannot arrest you directly unless they gt a order from magistrate.  You can also file for quashing in High Court in your case.   But be careful do not tell anybody whenever you are travelling in INdia.  If at all you tell anybody about your travel pl tell 2days ahead of your travel.

Philip (None)     25 October 2014

Thank you very much Mr Anamika. Or is it Miss? I feel relief now. If she filed and got magistrate order, how can I know about it now? Without going to India, can I find out somewhere if there any order like that in my name?

Pradeep Kumar (Lawyer)     05 November 2014

dear Sir,

kindly explain whether the mutual divorce was filed in US?if it was filed in foreign country and as you are apprehending that she might come to India and file a case against you your apprehension might be to if the mutual divorce was filed under any force, undue influence or coercion. However, if the mutual divorce was filed in Indian court and you have obtained the decree of court then in that case you should not be worried as you have already obtained the mutual divorce and she's not living in the capacity of your wife. Therefore there is no case of any demand for dowry. Nevertheless if after divorce you had been staying with her then living in the capacity also of husband and wife might create problems for you. However these are all just my observation since you have asked the question. As far as checking the name is concerned with regard to any complaint/first information report in police station you might check the local police station where you wife presently residingy

Advocate Pradeep 9871765000, Gurgaon.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 November 2014

1. There are no solutions for unreasonable fear.

2. You got divorce 2 years back and you have not heard anything from her/ court since then. TWO YEARS is a long time.

3. Do you have any family members in India who would have learnt about any action?

 

I think you are just being paranoid.

 

Regards,

Philip (None)     06 November 2014

Thank you sir. Yes my brother and his family live in India. I just worry because my ex-wife family ask my friend in India when I will visit India. But you right, I worry too much. I feel better now.

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