• 498a - overseas divorce

Hi There,
I am living in Australia. I have been separated from my wife since last 2.5 years. I have applied her case to come and join me but she had withdrawn her case. Reason behind withdrawn was not to be able to answer some immigration officers questions during interview. She withdrew her case saying I dont want rejection on my passport and refused me to come Australia. 
Then her parents filed fake cases against me such as 498A, 120B. 
I want to ask that if court declared me Proclaimed offender, how much are the chances to get deported from Australia. 
P.S - I have not filed any Divorce in Australia yet?
Please help me out.
Asked 7 years ago in Family Law
Religion: Sikh

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7 Answers

If wife has filed false case of 498A against you come down to India and apply for anticipatory bail

2) contest case on merits

3) with court permission you can return to Australia for work purposes

4) your passport would be impounded by RPO if you do not attend court and declared as Proclaimed offender

5) deportation can be done to India on basis of proclaimed offender order

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Divorce decree obtained in Australia would not be valid in India if wife does not participate in divorce proceedings

2) wife can file petition in family court and seek stay of divorce proceedings in Australia

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Do not take any chance or wait till such declaration. If 498A case is filed ,appear and take bail.Getting bail in such cases has become quite easy nowadays.

2. once you get bail then comeback to Australia once again.There is no hindrance.

3. Do not complicate the case by avoiding the case.it is not worth taking the chance or risk.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Then her parents filed fake cases against me such as 498A, 120B.

I want to ask that if court declared me Proclaimed offender, how much are the chances to get deported from Australia.

P.S - I have not filed any Divorce in Australia yet?

Without a summon served on you, the court canot pronounce you as a proclaimed offender.

The dispute is centered on matrimonial issues where the PO is hardly declared.

At any cost you cannot be deported from Australia for this reason.

There is nothing wrong in filing divorce case in Australia if you are eligible to file one.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

What if I take Divorce from Australia to show PRO that I am divorced?

You can go ahead but remember that will not be a shield to protect you from her false cases nor this will be a blanket cover to give you immunity on such issues. .

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

1. Proclaimed offender is not declared against 498A complaint/case..

2. Has FIR u/s498A been lodged by police against the complaint lodged by your wife before the police?

3. If yes, then you should avail anticipatory bail against the said FIR and contest the case fittingly.

4. You can also file a divorce case in India on the ground of cruelty and desertion.

5. You can also negotiate with her and file a mutual consent divorce petition on agred terms which will be disposed of within 6 & 1/2 months from the date of its filing.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. You can apply for and avail decree of divorce from Australian Court but the same will not be valid in India and you both shall be treated as man and wife in India till you avail decree of divorce from Indian court.

2. You can also get your decree of divorce passed by Australian court validated by District Judge in India and in that case, the said decree of divorce passed by the foreign court will be treated as valid in India.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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