• Mutual divorce abroad, then threatening for divorce case in India and police complaint

Dear Sir,

I describe my situation here. Could anyone provide me your expert advice and help me get justice?
Sometimes I feel like why did I marry and should I live under false cases.

1) Initially my wife forced me for a mutual consent divorce abroad and we were awarded mutual consent 

divorce decree (despite being India citizens). But now she wants me to initiate a divorce process again in India again. What should I do ?

2) Wife is playing innocent of any divorce abroad and started complaining to police in India about 

false harassment from me and my family members.

3) Also, she is planning to complain to police again and get a FIR registered against me on false case, 

since i'am living working abroad.

Kindly advice.
Asked 2 years ago in Family Law from Bangalore, Karnataka
Religion: Hindu

Please note that even if you have got a divorce decree in the foreign soil and you have to get your divorce ratified in India and till the time you are not allowed to use in India your wife or you have option to move to the police or to the court and lodge any complaint against each other and each other's family

Vimlesh Prasad Mishra
Advocate, Lucknow
6380 Answers
20 Consultations

4.9 on 5.0

Hi,

Since you have been awarded decree of divorce abroad there is no point of getting divorce here as that itself is the proof that you people have been legally separated.

Since she is threatening you, kindly record her voice and also save whatever e- mails she is sending you. That would be the enough proof against her.

Ritu Gaur
Advocate, Delhi
35 Answers

5.0 on 5.0

1. Since decree of divorce granted on foreign soil is not valid in India on many circumstances, it is good if both of you apply for it once again in India.

2. Yes, so go for mutual divorce to avoid this harassment in India.

3. Before she does that agree on her MCD and file the same in court.

Because of this fact it is not advisable to go for divorce in abroad.

Do not worry as even if she does not agree on MCD on mutual terms you should easily get bail in 498A cases and thereafter nothing serious happens in the said case.

Devajyoti Barman
Advocate, Kolkata
19614 Answers
278 Consultations

5.0 on 5.0

Hi sir u said u and ur wife awarded mutual consent divorce.. now again she wants u to initiate the divorce process in India.. then don't care...

2) u r staying in abroad.. then how u will harrass her...? Let her go and complaint against u in the police station.. if she complaint against u and ur family also.. police will do investigation... First... Simply going and giving complaint in police station is not enough to threat u...

3) if she is complaint against u and ur family.. for false harrassment... Then she have to prove that harassment...

4) if police authorities will call ( phone) u or ur parents.. then don't worry... Just talk to them very confidently... And tell whole thing.. what all she done with u.... So don't worry about false police complaint...u give full focus on ur work and future in abroad... Because being in abroad and doing work there .. that is the great opportunity for u.. don't loose that... All the best.

Kavery Anand Pandharpurkar
Advocate, Bangalore
318 Answers
12 Consultations

Not rated

1. If it was a mutual consent divorce the divorce is already valid in India, you can present the decree of mutual divorce of foreign court before court as proof and the indian court shall accept same.

Further for declaration of indian court a execution under 44a cpc if reciprocating country or a separate declaration suit to declare divorce valid under family court act can be filed.

2. If so is case an intimidation complaint for threatening of false cases can be filed IO can be given copy.of foreign decree.

3. The direct FIR shall not be registered in case you are called by IO since you are abroad send your reply and copy.of mutual divorce.decree

Shubham Jhajharia
Advocate, Ahmedabad
24355 Answers
96 Consultations

5.0 on 5.0

Once divorce decree has been passed with mutual consent abroad it is final and binding on parties

2) you can if you so desire file petition for declaration in family court that marriage is dissolved by by divorce decree passed by courts abroad

3) if any false case is filed by wife rely upon divorce decree passed by courts abroad

4) file petition for quashing FIR in HC

Ajay Sethi
Advocate, Mumbai
74619 Answers
4462 Consultations

5.0 on 5.0

Hi, the mutual divorce outside India is a valid divorce and no other divorce petition can be filed again in India.. It is advisable to present the divorce decree with the investigation officer, if she complaints before women cell

Hemant Chaudhary
Advocate, Gurgaon
4461 Answers
34 Consultations

4.9 on 5.0

This is my response to you:

1. Divorce decree abroad is only acceptable if you have gotten married abroad;

2. If you married in India then you have to file for divorce in India itself;

3. Therefore it is advisable to engage services of a lawyer and contest the matter if she is looking to contest;

4. Make sure your lawyer represents you in India, and he/she does the work on your behalf;

5. Engage a divorce cum criminal lawyer.

Gowaal Padavi
Advocate, Mumbai
1917 Answers
3 Consultations

5.0 on 5.0

A foreign court divorce decree may be valid in India ONLY if the spouse had lived in that country and had consented to that country's jurisdiction

If both of you go for mutual consent divorce, then it is recognised and valid in India. ... Even contested divorce on the grounds of Cruelty/Adultery/Desertion/Impotency are grounds that Indian Law recognises, so if the divorce is granted on these grounds – The decree is valid in India.

Mohammed Mujeeb
Advocate, Hyderabad
15612 Answers
7 Consultations

4.5 on 5.0

in case of false FIR

An FIR can be quashed by the High Court if the court is convinced that the person is innocent and has been falsely implicated. A High Court can quash the FIR on the ground that the case is a false case and will ask the police to set the aggrieved person free if he has been arrested

Mohammed Mujeeb
Advocate, Hyderabad
15612 Answers
7 Consultations

4.5 on 5.0

hello

a divorce decree from abroad has no value unless both the parties submit to its jurisdiction.

in your case, you both were ready and willing and therefore the decree is valid. therefore a case of fraud criminal breach of trust should be lodged immediately and a petition in the HC should also be filed so that the HC may issue appropriate directions for your stay of arrest and order the police and the authorities to proceed in accordance with law.

you are already divorced and no need to do as your ex-wife says.

regards

Rahul Mishra
Advocate, Lucknow
8030 Answers
15 Consultations

5.0 on 5.0

If the mutual divorce has been contested by both the parties abroad and it is legally enforceable in India.

Moreover, if wife has got FIR registered against you, your first course of action should be to apply for anticipatory bail under section 438 of the CRPC to avoid being arrested when you visit here.

You should also apply for quashing of FIR under section 482 of the CrPC in High Court as Wars has already been granted by foreign Court which was duly contested by both the parties hence the present case is not maintainable against you.

Feel free to call.

Siddharth Jain
Advocate, New Delhi
5448 Answers
61 Consultations

5.0 on 5.0

If your wife herself had forced you to apply for mutual divorce abroad, she is bound to accept the judgement and decree of that court. This said, she cannot now cry foul and state here in India that she was forced and that she has the right to revisit the judgement and decree so obtained by mutual consent.

Produce a copy of the judgement through your relatives at the police station where she is attempting to lodge a police complaint, against you and your family members. Her attempts to register the complaint and FIR can be defeated on production of the copy of the judgement and decree of mutual consent divorce.

Kiran N. Murthy
Advocate, Bangalore
1278 Answers
183 Consultations

5.0 on 5.0

1. The decree that you got abroad may not be valid here since you both are Indian citizens. Hence, you will have to move court for divorce here as well. If both of you agree for divorce by mutual consent, then it will take 6 months.

2. I would suggest you file for divorce by mutual consent at the earliest before she takes preemptive action and moves court.

3. Depending on the allegations, it might be difficult for her to prove considering you are living abroad.

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

5.0 on 5.0

1. Having obtained the decree of divorce abroad you are not under any legal obligation to obtain any decree from a court in India. Your foreign decree of divorce is valid in India for all legal and practical reasons, more so in light of the fact that it was a mutual divorce. Be strong and say no to your ex-wife.

2. If police files a FIR on her complaint then you may file a petition for quashing of FIR in the High Court.

Ashish Davessar
Advocate, Jaipur
28730 Answers
836 Consultations

5.0 on 5.0

I am sorry to hear about your ordeal. I don’t know which country you are in. This is important as we will see below.

Getting Indian courts to recognize mutual-consent divorce decrees passed by foreign courts can be surprisingly difficult. This is despite the fact that the SC in Y. Narasimha Rao And Ors vs Y. Venkata Lakshmi And Anr 1991 SCR (2) 821 carved out an exception for precisely such decrees from the statutorily mandated position of Indian courts not accepting decrees of foreign courts when such decres are, among other things, founded on a refusal to recognize Indian law.

Be that as it may, you have the following courses open to you, to wit:

1. Seize the initiative and file an execution petition if you are based in one of the handful of “reciprocating” countries (namely: United Kingdom, Singapore, Bangladesh, UAE, Malaysia, Trinidad & Tobago, New Zealand, the Cook Islands (including Niue) and the Trust Territories of Western Samoa, Hong Kong, Papua and New Guinea, Fiji, Aden).

Or

If you are based in any other country, file a suit for divorce based on that foreign decree, or on the underlying cause of action, or both; or

2. Wait for your ex-wife to file a divorce case and then challenge it at the outset ( under Order VII Rule 11 CPC) on the basis of the mutual-consent divorce decree obtained abroad.

I would personally advise you to go with the former as your mutual-consent divorce decree has no legal sanctity in India at the moment. With the latter option, she will have the initiative. There is also the question of limitation—suits in relation to foreign decrees have to be brought within 3 years from the date of the foreign decree.

If she wants to harass you as you say, you are going to have to bite the bullet and fight. So you might as well beat her to the punch and preempt any false police complaints.

Pulkit Chandna
Advocate, New Delhi
171 Answers
3 Consultations

4.9 on 5.0

divorce decree (despite being India citizens). But now she wants me to initiate a divorce process again in India again. What should I do ?

If your marriage was dissolved by a decree of divorce on the grounds of mutual consent even in a foreign country and there are proofs that she participated in the divorce proceedings, then that divorce is very much valid in India also, you need not apply for divorce once again in India, and it will not be maintainable if you reveal the same in the divorce petition to be filed afresh in India.

Wife is playing innocent of any divorce abroad and started complaining to police in India about false harassment from me and my family members.

Let she do it, if summoned by police you may produce the divorce papers and the court decree granting divorce to the police and explain that she is trying to extort money or is doing it intentionally to harass you.

Even after that if the police is registering the FIR, you may obtain AB and challenge her false cae in the court

3) Also, she is planning to complain to police again and get a FIR registered against me on false case, since i'am living working abroad.

Dont bother about it if you are living in abroad, the police cannot bring you back to India to try these cases against you.

T Kalaiselvan
Advocate, Vellore
64570 Answers
836 Consultations

5.0 on 5.0

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