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Sam Pat (Law)     19 April 2012

Urgent help needed

Hi all,

need ugent guidance for knowledgeable folks:

1. I filed for divorce in May 2010 on cruelty grounds agaist wife  --> My cross done and my mothers cross scheduled this saturday

2. false 498a, 406, 304B, 34 filed by wife in August 2011 in court 300KMs from my workplace --> last week Court issued BAILABLE ARREST WARRENT against her for attendance. Police were orderd to bring her in court within 15 days with next date as 25th April. however, she has gone to Germany for 1 years last week (as told by her manager). Police have asked him this info in writing on company letterhead.

How can I bring her back? As I see, my divorce case on hold for an year, if she doesn't return. Also, year might become two.

Can someone guide me on process to be followed through INTERPOLE/External affaisrs ministry considering in 498a case, could will give NON-BAILABLE arrest warrent soon.

- SamPat


 8 Replies

Mohit Attri (lawyer)     19 April 2012

send again bailable warrant through ambassy.but u have to confirm full adress of ur wife at germany.

Sam Pat (Law)     19 April 2012

will her office address there not work?

Adv.R.P.Chugh (Advocate/Legal Consultant (     19 April 2012

it would do..

Sam Pat (Law)     19 April 2012

will it be joint responsibility of German and Indian police to ensure she attends the court then?

Rajesh Jha (Sr. Marketing Manager)     19 April 2012

Dear Sir,

My wife had filed 498A, 323 & DPA 3/4 against me in February 2011. Then I filed divorce petition on the grounds of cruelty and other cases under 379, 404, 504 & 506 against her. She has also filed section 24 & 125 for maintenance, although she is working and I have all the proofs. The other case for visiting rights (my 2 year old son is with her) under Guardians & Wards act is also going on.

I had purchased a flat in 2004 in the joint name of myself and my father. In 2008, I purchased another flat in the joint name of myself and my wife, which is under construction and no registry has been done. I am paying the EMI for both the loans, and have all the proofs.

Please let me know whether she can ask her share in my property or not? What will be the impact of marriage act amendmendt passed recently? Can she ask share in the name of my son? Can I transfer these properties to my mother? I have made a will in favour of my father.

Please let me know how to safeguard my hard earned properties.

Thanks & regards,
Rajesh Jha

Sam Pat (Law)     19 April 2012

are you saying

Court should issue arrest warrent against her and I should submit that in German embassy

Sam Pat (Law)     20 April 2012

what apprach can I take, if wife has travelled to Germany for a year and for divorce case filed by me, current sttaus is my cross done

Anjuru Chandra Sekhar (Advocate )     20 April 2012  Convey to German embassy the information about court issuing Non-bailable warrant against her and do the needful.

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