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Narayanan. R (Advocate)     05 September 2008

Request legal aid at Australia for a poor Indian women

Dear brothers,



In India-Tamilnadu State, a poor helpless young women married a man who has settled at New Zealand long before. the man's origin is in Tamilnadu State -India.  after the marriage both were living at New Zealand for three months. later the man's family sent the women to her native place stating that enjoy the vacation and return back after 3 or 4 months.  the women and her old father believed that words

but the man did not called back the women.   in the mean time, the man filed a case for divorce at Australian Court.  the Court sent notice to the women but she was unable to understand it and through into bin.  later she received a call from Australian Court which she unable to understand.  the Court took that she did not defend the case therefore granted divorce and dissolved the marriage solemnized in India. [there is treaty to enforce foreign court judgment in India].



now the women stands on the street with her old father without any help.  kindly suggest any of our friends to take up this matter and give a reliable solutions to the women who is victim of the conspiracy of that man. she could not pay huge fee.  she searches for any legal aid from the concerned Government or NGO or any other Human Rights Organisation.



KINDLY SUGGEST TO HELP HER



Learning

 8 Replies

N.K.Assumi (Advocate)     05 September 2008

Can you furnish the details of that unfortunate lady her husband's name and the town where the husband is residing his details in New Zealand etc.U need to give the details of the Court that send her the summon etc.

K.C.Suresh (Advocate)     06 September 2008

A marriage solemnized in India under Indian customes and law cannot be divorced by a foriegn court. Go to Indian SC.  

Narayanan. R (Advocate)     06 September 2008

Dear suresh,


but we have treaties with some countries that the judgments from those countries can be enforced herein india directly and some of with approval of indian competent jurisdictional court.


more couples are getting divorce from USA court and reported to the indian court.  in what way we can approach the SC? kindly tell me. then if any of our friend at SC pls inform me. thank you

Narayanan. R (Advocate)     06 September 2008

dear friend i will ask them to write you the details

Srinivas.B.S.S.T ( Advocate)     08 September 2008

Where the husband had obtained a decree from a court outside India
but wife did not submit to jurisdiction of that court, it was held that
as their matrimonial disputes or relationship was governed by the
provisions of HIndu Marriage Act, as both husband and wife are Hindus,
therfore the decree obtained by Husband in foreign court was neither
recognisable nor enforceable in India. Anubha vs Vikas Agarwal AIR 2003
Del. 175. However if the wife submitted herself to the jusridiction of
that foreign court then that decree will become executable in
India.  Regards Srinivas. BSST

Narayanan. R (Advocate)     14 September 2008

Dear sir


thanking you very much for your reply and valuable suggestion.  the wife did not submit herself for the jurisdiction of the foreign court.  she even did not know about the filing or pending of the proceedings.  only she attended the call from abroad without knowledge that it is from the court and she didnt answered anything adversely.  so she did not submit her to the foreign court's jurisdiction.  thank you very much. bye

Srinivas.B.S.S.T ( Advocate)     14 September 2008

The pleasure is mine to solve your query.

prof s c pratihar ( urologist &legal studies)     20 September 2008

dear sirs, i respect your learned openion.how to to bailout the poor lady?with your advance leave    i may suggest some measures subjectsubject to your further approval.  1) first to talk with the relations who arranged for her marriage who in turn shal talk with the family members of the boy.wait for some time, keep a written document. i mean if the matter is shorted outside the court.if not taking into consideration that the matrimonial house is broken   by the cheating and fraudant action of the so called husband let her contact a woman social organisation to hhelp her by legal measure.2) she may file a complaint case before a judicial magistrate or3) let her file a case in district court for decleration that there is no dissolation of  marriage with consequential benefits,issue sammons to be served through indian high commission in newzeland.4)pray for personal appearence of husband .5) similar case filed before judges court ALIPORE where defendant had to come from from USA  to defend his case.i read in news paper.


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


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