Nikhil 09 December 2016

Wife not signing second motion for mutual divorc

Hi All,

I'm NRI (Australian Citizen).I got married to girl on 23/06/2016 on papers to processed her visa and flew back same day due to work commitment as we were just married on papers and not socially.Our social marriage were organised 4 months after.

Meanwhile while I was here I got messages on FB from her ex Boyfriend that please get out of this marriage and started sharing their compromising pics to me.He also send the details of the hotel they were in and even with card image.Than before social marriage she tried to cut her nerves before our social wedding. I was there for 5 days and we have never lived together as were not married socially but yes legally we were.

Than she lodges a compaint against me for mental harrasement us 498A.I left country by the time I got to know that complaint was lodged.We provided enough evidence to Police that she had affair and she wanted to carry this on and all pics of her compromising position yes and his boyfriend texted me so that I call off this marraige.There was text that where she told him that she wanted to kill me so that everything get sorted out.

Police did check all evidences and lodged B Summary and told us that she had earlier lodged a complaint against her another ex BF for NOC and accepted she had affair with me.

I was completely innocent and after 8 months they rang us to go for mutual divorce and I sent POA to my dad. Basically there was mutual undertaking where it was clearly mentioned that she won't file any case against me in future and won't object B summary in court proceedings and I won't misuse those photos and will delete it from all the sources. (27/06/2016) after 1 year of marraige.

Now its time for second motion (hearing date is 27/12/2016) and she is not signing a second motion affidavit as she went to Canada on student Visa. Now her lawyer is her cousin and he is saying that they are acting stupid and I'm out of this case and you can take any step you like to.

We told them if we go for contested then we got to provide compromisig photos texts and fake 498a torture.

If she doesnt send anything what could I do to take divorce.

Please advised how should I go with contested and how serve notice as she is not there but her parents live there and how about of they od not accept the notice

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5 Replies

Ms.Usha Kapoor (CEO) 09 December 2016

You file contested divorce on the grounds of desertion and cruelty against her give her foreign address to the court. Also her lawyer she may have engaged. They will mamge with service of summons etc with the court. So the court and opposite side lawyer will manage with her presence in court.You can also file divorce cas agisnt her on the grounds of aultery, but since you've already promised to her that you'd not use her compromising positions with her boy friend that ground may not be avaialvlbe to you.RCR is a waste of time. Straight file for adivorce. Before filing for divorce issue a legal notice to her indicating that you'd fie a contested diovorce agisnt her.If you appreciate this answer please give me all my profile likes.

Nikhil 09 December 2016

That mutual underatking clearly said that they will co operate completey with us till divorce get finalised.Now they are not ready for second motion just don't know why.I said clearly in underraking that photos won;t be misused.

Using for court evidence should be k ?? Plus I don't have Canada address but I have her email contact.

How long its gonna take for exparte ?

Nikhil 09 December 2016

Using for court evidence should be k ?? Plus I don't have Canada address but I have her email contact.

How long its gonna take for exparte ?

rajeev sharma (Advocate Ex senior manager law ) 09 December 2016

only way out is to file a contested divorce . Gorget about compromise file fotos in the court as evidence. the summons may be servd upon her through Indian embassy at Canada if you have details of her passport and present address at Canada. If you dont have details of passport these may be obtained from concerned passport office under RTI and details of vise may be obtained from Canadian ambasse at India