You can exoresss your inability to come down to India

2) say that we can have video conferencing through Skype and discuss all disputes

3) record the conversation

4) if you come down to India wife may file false dowry harassment case against you

5) you will have e to obtain AB from sessions court

6) conditions may be imposed upon your travel abroad

Whether or not they can held you in India, depends on the facts if there's a 498a criminal case subsisting against you?

If there's any such criminal case pending and you have been deemed as an absconder, then there could be little trouble for you in dropping down to India.

Otherwise, it is safe for you to travel to India and enter into a dialogue with them.

1. You have mentioned in your post " I even filed divorce in India, but apparently no resolution came out."..

2. What is the status of the case filed by you? Have you followed it up with your lawyer? At what stage it is now? In fact it does not take this long a time to get the divorce suit disposed off.

3. Has it been dismissed for non prosecution, i.e. for non appearance of your Advocate?

4. Collect the above information which is very important for you to further proceed legally.

5. Please note that as per supreme court's directive, no arrest will be made by the Police without conduction investigation based on the complaint lodged by the wife u/s498A of IPC.

6. So, you won't be arrested in India even if she has lodged any police complaint against you u/s498A of IPC.

7. However, for further proceeding in your life, you are required to obtain the decree of divorce from the Indian Court.

Hi, it is advisable to first convince them for mutual divorce.. It is possible that they may initiate legal proceedings of you visit India , or they may have initiated already..however it is best to proceed ahead with the help of your lawyer to arrive at a mutual settelment

Hello,

Yes they can harass you by filing a case of 498A so better no to come here . You should consider filing of divorce over there by consulting a local lawyer if you're an Australian citizen..

Hope this helps.

1. Its not clear why your divorce suit has taken such a long time.

2. Engage another lawyer to get information as why the divorce suit has been stuck for 5 long years.

3. Since your wife doesn't want to live with you if you pursue the case vigorously you would soon be awarded with decree of divorce.

You may take divorce in Australia and exparte here as well if she in not terming to.

What is your stage in divorce case filed by you. You can get exparte divorce.

Yes there can be little trouble if she file false domestic violence and 498A or dowry case on you , there can be problem in returning back to australia as court can impose a foreign travel ban on you.

Also though after SC decision there is no arrest in domestic violence act but still you can get stuck for time being.

You can arrange a vedio conference or you can arrange a family meeting or lawyer to discuss terms they are putting if they are agreeing for mutual divorce and signing mutual divorce potion and MOU than come down and file jointly for divorce.

However even if you are in Australia they can file criminal.case and can even pressurize you through embassy to come.to India through court process in case you don't respond court summons the court can take steps agaisnt you.(not family ) to bring you down to India.

Finally you filed for divorce 5 years back what is it's statute disposed off for default or decided???

1) If she is not ready to give divorce by mutual or judicial. If not can go for forcefully divorce ask court to separate it.

2) If they go against you for any reason than very next minute you should file a case for RCR. So you csm be safe atleast.

You said that you have filed divorce case in India, who is conducting it on your behalf in India?

Until there is a criminal case pending in India, there should be no problem to visit India for any reason.

You can discuss with your lawyer before taking any decision.

If there is no pending case against you come down to India for discussion

2) don’t go alone fir meeting take your relatives along

3) record the conversations

Well. it appears that the divorce suit has been withdrawn and f that is so then further dates is not supposed to be fixed.

Something fishy seems to have n]been occurring their and that is why I advised you to consult a new lawyer tot ake information.

I repeat if you withdraw the divorce suit then the suit and the alimony petition both will be dismissed and thence there will be no more dates in the cases.

You need to have a look on courts order on withdrawal as the associated application for maintenance also gets disposed of with that so if they are getting dates on it you should consult and see the order of court.

Secondly no case pending so come to India try to resolve matter with the mutual divorce if that is not happening you have to contest the divorce on ground of cruelty.

The decision to withdraw your divorce case is a wrong decision.

If you have to file a divorce case now, then the whole process will start from beginning.

if you want to oversee the cases in person, then you may have to be present in India till the cases get disposed, it may take years.

1. So, I had guessed it right.

2.As of now, there is no case filed by you against her seeking the decree of divorce and she is your legally wedded wife.

3. File a divorce suit on the ground of desertion since she has deserted you for more than 2 years.

4. If she files any application for alimony, you shall have to contest it. It is illogical that for avoiding payment of alimony/maintenance, you shall withdraw your suit.

5. She can easily file an application.u/s 125 of Cr.P.C. claiming maintenance from you even without having any suit pending against her.

6. You shall have to contest her maintenance application claiming that she is not eligible for it since she is employed and is earning her livelihood.

7. Come to India and file the divorce suit properly. You can also get the plaint sent ti you at Australia bu your Indian lawyer and get the plaint, affidavit attached with the plaint and the Vakalatnama signed and notarised before the appropriate officer of local Indian Consulate.