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Rahul Choudhary   04 November 2015

Share in property for wife from nri's overseas property

Hi All

Me and my wife married in february 2015 and serated in october 2015. I live in Australia and she joined me in march 2015 and lived here until october 2015.

Background: We decided to be separated and I emailed her confirming the same here in Australia. Then she asked to book her ticket to India but not in writing. She wanted 1/2 of my house and 1/2 of my salary I agreed and my suspicion is that she recorded that conversation. Next day she wanted to take to the local community centre and sign affidavit in front of Justice of Peace which somehow didn't happen. Then she went to take some legal advise from family lawyers to find out if she can get something out of me but law here doesn't allow since I bought the property before marriage. Also later on I cancelled her sponsorship and applied for visa cancellation in Immigration. So since she wasn't going to get anything from me here in Australia she decided to email me to book her tickets to India which I did and she gone back.

Now she wants me to come INDIA and start the divorce process. We know that we need to be separated for 1 year before we can apply for motion 1. You guys have answered my question in this thread :  https://www.lawyersclubindia.com/forum/File-for-divorce-within-one-year-129086.asp#.VjlCq33jnbY

Now the questions I have:

If I come to India what are the chances for she filling the Domestic Voilence case against me? If she does how do I find out? And when I land at Airport in India can I be arrested? How can I avoid the judicial process?

Can she get the share from my Australian property and salary?

I guess I am just trying to avoid all the hassels I might have If I come to India to file mutual consent divorce.

Thanks

Rahul



Learning

 4 Replies

Rahul Choudhary   04 November 2015

I would like to add that my wife is more qualified and in more reputable profession than me. So do court that into consideration while taking the decision for alimony and maintenance in case she wants some?

prabhakar advocate (advocate)     04 November 2015

To answer your questions whether she filed any Section 498-A complaint or she filed any domestic violence case etc. you have to engage a local advocate and pay him appropriate fee so that he will visit the number of police stations where she could likely to file complaints and also courts, where she could likely to file cases.  Even after your coming here, if there will be no settlement between both of you that she would not be filing any cases, she is entitled to file cases.

1 Like

SuperHero (Manager)     04 November 2015

110% sure she is going to file cases...

Best is MCD and make sure each and every word is drafted well..

Better to buy Peace by giving some Money.

Bargain... Bargain and make a deal. One deal you will get Peace of Mind..

She may ask for a Crore, You can start from 50,000 Rs/-...If you haven't have the skill of negotiations there are several books and go to any Chinese or Indian market...to have a practical experience.

You should also know when to pull it off. So that the deal goes smoothly. Rest is all upto you....

Good Luck.

1 Like

Samir N (General Queries) (Business)     05 November 2015

All other concerns of yours have minor nuisance value. That include Domestic Violence, divorce case, etc. that she will file. You do not get arrested no matter what kinds of allegations she makes in a DV petition. So, what is your real headache? "She wanted 1/2 of my house and 1/2 of my salary I agreed and my suspicion is that she recorded that conversation."  A good advocate can and will file a petition under the Specific Relief Act in India or the equivalent in Australia to enforce the oral agreement.  An oral agreement is enforceable and all she has to do is to produce the recording and establish its authenticity and integrity (not tampered with). You can then raise defenses that you were under threat or some undue influence at that time that made you agree to these terms.  However, the state of affairs in India is that any lawyer she goes to will most likely miss this point and focus on all the other dramas like Domestic Violence, divorce, etc.  Your strategy should be to just dance to their music and hope that she does not raise the claim based upon the applicable law. Wait until the statute of limitation expires or you can raise other defenses after she fails to raise this claim in her first filing. Even if she raises the claim, she has to file the petition under that specific Act and you can raise the legal defense that she did not... at the last minute! HOPE THIS HELPS... On other issues, relax!! Nothing to worry...

 

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