• Wife is planning for exparty divorce

Hi all,
 
 I am an NRI got married on 10 dec 2016 and marriage is been consummated during my stay in India then i came back to resume work in mid jan to abroad. My wife and mother in law joined me last week of march 2017.

During my mother inlaw stay for 3 months forced us to go for an abortion and black mailed me saying her daughter is still young for a baby if i wont accept it she will take my wife to India and abort it their, Since i left with no choice i accepted it. me and mother inlaw exchanged few words during this cource.

As soon as my mother inlaw came back to India planned how to separate me and my wife injected plan to my wife and forced me to send my wife back to India with in a month of my mother inlaw return to India. Now my wife is completely under my mother in laws influence, and not in contact with me. 

When she return to India end of August 2017 they forced my parents to sign on finacial document stating my parents took dowry under high pressure and life threaten made by them my parents signed the document with out my notice.

i visited India on Dec 2017 to convince and take back my wife with me, but i not able to trace my wife and they came with the lawyer to go for mutual consent i denied, and return to work in first week of jan 2018,

Since they come to know iam not able to get leave to work soon they file a divorce case in some unknown court of city which is 500km far away form my home town accusing me on dowry, cruelty.
and hide every thing to Hon'ble court regarding our last lived address and date,

1) Do i have to send lawyer to recive summons take vakalath.

2) if so they threatening to go for false cases against me and my family,

3) can i send RCR notice to my wife. cause i dont want divorce

please suggest how i need to go a head with this situvation, i have all the proofs of abortion and expenditure spent for visa, tickets and house hold's, uninformed return tickets planned by inlaws.
Asked 4 years ago in Family Law
Religion: Hindu

First answer received in 30 minutes.

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14 Answers

1) as and when summons are served upon you then you have to engage lawyer to appear on your behalf

2) as and when false dowry harassment case is filed apply for Anticipatory bail from sessions court

3) you can send RCR notice to wife

4) file for RCR

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Hi, First you have to contest the case and you can engage your advocate and contest the case. As you are residing in abroad you can executed GPA to your parent so that in your absence, they can represent on behalf of you.

2. When the wife is not interest to live with you, there is no need to file RCR it will not help you.

Pradeep Bharathipura
Advocate, Bangalore
5394 Answers
310 Consultations

4.5 on 5.0

1. No, let them serve you with the notice. Once you receive the notice, you can hire a lawyer to represent you.

2. Do no worry because there's no automatic arrest in 498a cases anymore. You will have sample of opportunity to put forth your points.

3. Yes, this notice through a lawyer.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

I think if the situation is at this stage from where the return is not a possibility then please forget the RCR.

How ever just file the RCR for name shake and find an advocate to represent you in the court.

You can file a writ in the HC to transfer the case to your home town as well.

If she agrees for the mutual divorce the time will be saved.

You may inform police for the forcefully taking signature of old parents by the your in laws.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Dear Client,

1) Do i have to send lawyer to recive summons take vakalath. - First the court will issue summon/notice at your address, and after it complied than appoint the lawyer, so that he/she can represent your case before the court.

2) if so they threatening to go for false cases against me and my family, - false cases can be filed any time, What the need to stay in dead marriage, through mutual divorce, lot complication will solve.

3) can i send RCR notice to my wife. cause i dont want divorce - And if u in definite to want her back, than file for RCR, at least this way , some sort of fortress, if false criminal case filed.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. Yes you may send a RCR notice and then can file a RCR case in case you want your wife to come back to you.

2. Ask your lawyer to get the details of the case, so that an ex-parte order is not passed by the court.

3. File RCR at the earliest, also file a complaint in the police station for harassment and criminal intimidation.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. Yes as per the SC judgment all the matrimonial disputes have to be referred to the mediation.

2. Probably, they will ask for money in lieu of breaking the marriage

3. In mediation take a say that you wish to live together, however also note that if she does not want to live together then no law can force her to live with you.

4. Ask them either to end the marriage without money or go ahead and contest the case, else tell them that you are ready to live together

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1) if wife has filed false DV case engage local lawyer and file detailed reply denying the allegations made in divorce proceedings

2) court would refer the matter for mediation to help in reconciliation

3) you can refuse to pay alimony demanded by wife

4) you can file for divorce on grounds of mental cruelty

5) wife making false allegations amounts to mental cruelty

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

1. If you wish to give you wife a chance and ready to settle this matter, approach the Court and express your desire to settle this matter out of court.

2. If their terms and conditions for a settlement/MCD are exorbitant, you are not bound to accept their unreasonable demands.

3.Engage a lawyer so that he may take this forward for you. He can also negotiate with your wife's side.

4. File a petition for restitution of conjugal rights.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1) Don't go and pick up summons, its court duty to serve summons at your address whether in India or abroad or via digital emails etc. Than you appoint a lawyer from your side.

2) If they have filed false case against you under section 498A and DV Act. Don't worry you can get it Bail for that.

3) Later you can file suit for RCR in the court. So you can be saved from them.

4) If you don't want to pay huge money than stick to your RCR case and narrate in that mother in laws interference should be stop in your marriage life.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Hi,

If you came to know about the case, you are suggested to contest and delay their progress. Also file your own cases. You (through your lawyer) mention for mediation and the case will be send to mediation centre of the court.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

If you have received the summons then you may have to appear before the trial court on the date of hearing, you can engage the services of an advocate for this purpose.

They can file more false criminal complaints becasue they are not genuine and they may try to harm you by all possible methods.

Sending a legal notice asking her to return to the matrimonial home is not a big thing, you can send it, but what is she does not care for it?

With the substantial proofs in your possession you can challenge her divorce case properly in the trial court.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

1. Since they have filed DV case with false allegations, you have to face them in the trial proceedings and nullify them by properly cross examining her.

2. Their idea may be to trap you and hold you back in India, put pressure on you to extract maximum amount ion order to save yourself and your future, hence you got to be careful to not visit India, let them get an exparte order too.

3. Since you have mentioned that she has not filed divorce petition, you dont worry about that so soon, if she files a divorce case then you will certainly get a chance for mediation where you can express all your problems and seek conciliation.

4. They cannot file a divorce case either contested or by mutual consent within one year from the date of marriage.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

You can give vakaltnama to your lawyer. He will represent you.

Once you receive summons your lawyer can file vakaltnama on your behalf.

If you go for mutual divorce it will be good for both.

If you don't want to give money then you need to contest the case in court.

Prashant Nayak
Advocate, Mumbai
27232 Answers
88 Consultations

4.4 on 5.0

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