• Regarding effects of divorce

Hi, 
This is Nathan. My father divorceed my mother long time back and soon remarried. Now he might divorce my step mother soon. Meanwhile, I am 24 years old and planning for an overseas education and settle abroad. So I request you to tell me that if my father files for a second divorce while I am about studying, will I be required to report to the court with my father for any reason? Also divorce process can get nasty with wrong allegations. If any allegations are made against me even minor or serious, will I be ordered by the court to stall my studies abroad and report to the court back in india? I just want to make sure that I get a hassle free education abroad and be free off legal barriers so I can work abroad. Should I ask my father to file for divorce only after I complete my overseas education and get work permits? Please guide me here.
Thanks.
Nathan Coelho
Asked 6 years ago in Family Law
Religion: Christian

2 answers received in 10 minutes.

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13 Answers

This will have absolutely no concern whatsoever, with you; for you will not be a party to this case. The court at no point of time is going to compel your appearance and in any case, this is going to have no negative repercussions on you.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

If your father files for Divorce you would not be required to attend court

2) divorce proceedings only your father and stepmother would be party to the proceedings

3) it would not affect your going abroad for further studies

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

Basically, this seems to be a too distant happening. Only in case a FIR happens to be lodged against you, something the happening of which is almost impossible and in connection there a red corner notice etc., is issued against you; your overseas education would be effected. Extradition and red corner notices etc., together with other related formalities are taken recourse to only in case of dreaded criminals.

Be assured, nothing is going to happen against you.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

1) if any DV case is filed against your father and you there is no bar for you going abroad for further studies

2) if any dowry harassment case is filed then you can obtain bail and with permission of court travel abroad for further studies

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

Divorce sui is fiyght betwen the marriedcipuple.

The child is never a aprty to the suit.

However if the child is major an has knowledge about the dispute between his parents then he can be summoned in court to give evidence.

But under no circumstances he is liable for the outcome of this proceeding.

So concentrate in your job. Requirement of your presence is the suit is very unlikely.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

If your father fiiles a divorce case then the same will have no bearing on you

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

You can not do anything to stop a person from filing a case in anticipation, however if a case is filed in future you will have to appear before the court or alternatively you can file a petition for FIR quashing through a Power of Attorney.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

1. In the divorce petition only your father and his wife will be the parties. You will not be in picture, so you will not have to go to court except if your father or step mother wishes to examine as a witness in his/her favour.

2. You are free to go abroad for your education.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If a criminal complaint is filed against you then you will have to appear before police for investigation.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If your father files divorce petition you will no longer be liable to attend the court in regard of that proceeding. Divorce petition is the subject matter of husband and wife. Child cannot be roped in this case. Therefore you can carry on your study hassle free without any pressure to appear before the court in that proceeding.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

If any case is initiated against you due to intention of creating problem in your study then you should prefer and application before the District Judge under section 151 of the code of civil procedure for quashing of that proceeding.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Your father's divorce case has nothing to do with your personal life.

That is his problem and your education and all other issues of yours is your your own

personal affairs and this divorce proceedings shall not make any impact to yor personal life.

You dont bother about your father's matrimonial disputes, dont interfere in it, you ignore them and proceed with your routine works.

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

However, I would like to ask that apart from divorce matter, where I am not a direct party, if an independent case or complaint is registered against me by my step family just to sabotage my overseas educational pursuits, will it then be necessary for me to report back to India in the middle of my education? Please let me know how can I safeguard my overseas educational pursuit since lot of money is involved for it.

Until you are not directly involved in any crime, the police will not summon you to the police station or implicate you in any case while you are residing in India.

Such matrimonial disputes cannot harm your studies and stay at abroad.

The police cannot extradite you on such petty issues.

Dont be worried about nothing.

There is no reason for her to implead you in the case for a complaint against your father, in case she lodges a complaint with the police as a retaliation.

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

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