• Husband sent divorce notice with fake alligations

Hi,
My husband works in USA.. we married in May 2017 n I moved to USA with my husband.. after one year of marriage I got pregnant..my husband forced me to go back to India for delivery.. so I came back in India n delivered a baby girl in December.. my husband didn't even come to meet me since I left USA..n now I got a Divorce Notice from him with all fake alligations about my character.. (not a court notice..sent by one of the local lawyer.. husband is still in USA n in laws are in India) Currently I am staying with my mother..
My in laws n husband are not receiving my calls neither replying to any messages.. what should I do in this case? Is it a good idea to get in touch with Mahila aayog? I dont want to Divorce him..
Asked 6 years ago in Family Law
Religion: Hindu

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13 Answers

  1. Why mahila aayog? It's not an adjudicating body. It's purpose is only to advice governments in women's issues. 
  2. You must see a lawyer with the notice you received for appropriate guidance. 
  3. I'm prepared to guide you. So pay me a visit after taking appointment. (I'm based in Mumbai/Navi Mumbai). ९

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

File petition for RCR in India 

 

2) seek stay of divorce proceedings in USA 

 

3) in petition filed by husband in USA object to jurisdiction of USA courts as marriage solemnised in India , divorce can be only on grounds recognised by HMA 

 

4) contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
99791 Answers
8147 Consultations

File a case of domestic violence for mental cruelty and harassment against the husband in mahila police thana or you can approach the women's commission if they can mediate and can help.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

No need to divorce him, go to a competent lawyer, and go to woman police station and tell the police to send a 41 A notice and ask your husband to come and meet them, things will solve, tell police to send 41A notice by email and whatsapp , bombay high court judgement is there, wait let me quote it for you: 

 

The Bombay High Court has recently accepted service of notice in an execution application through WhatsApp messenger after finding that notice served in the form of a PDF file was not only delivered, but the attachment was opened as well.

Justice GS Patel was hearing an execution application wherein the respondent Rohit Jadhav was evading service of notice under Order XXI Rule 22 of the Code of Civil Procedure 1908. He was served notice by an authorized officer of the claimant, SBI Cards and Payments Services Pvt Ltd, by sending a PDF and message to his mobile number on WhatsApp.

“For the purposes of service of Notice under Order XXI Rule 22, I will accept this. I do so because the icon indicators clearly show that not only was the message and its attachment delivered to the Respondent’s number but that both were opened,” Justice Patel said.The claimants had filed the execution application against Mumbai resident Rohit Jadhav who was evading all their calls and efforts by legal representatives to reach out to him. After tracing Jadhav’s number, a notice was sent to him informing him about the next date of hearing.

Justice Patel had earlier set a precedent in April 2017, in the case of Kross Television India Pvt. Ltd. v. Vikhyat Chitra Production (2017) in which he held that – “Indian Judiciary system is flexible enough to consider a notice issued through ‘WhatsApp’ or through email admissible in the court of law. It is not necessary for the plaintiff to go through extreme measures like that of a bailiff or through the ‘beat of a drum’ for the notice to be considered as properly served. The defendants were duly notified in the eyes of the court.”

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

1. The decree of divorce granted ex parte in USA is not valid in India and hence you can avoid such notice .

2. It appears that your marriage has broken for all practical purposes then you can propose for mutual divorce in lieu of permanent alimony.

3. Of the terms are not settled amicably then you can consider filing criminal case u/s 498A, 406 IPC along with case under PWDV ACT seeking maintenance which varies @ 1/4th income of your husband.

4. Running after them does not appaer to yield any result.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Yes, you can make complaint in mahila aayog or women cell and reply to his divorce notice keeping in cc to your in-laws as well.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

If you don't want to divorce him you can reply to the said notice through lawyer.  You can also approach to mahila ayog. You can file domestic violence case and maintenance application.  You can also file petition for restitution for congual rights to get him back

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

sent him a letter mentioning the fact and their misbehavior through post at his indian address as well as usa address. then get in touch with mahila aayog, if you don't receive any response from your husband or in laws. 

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

Dear client 

You should file an FIR against your husband and In-laws for breach of trust and fraud done by them. 

Yes you can approach mahila ayog for help.

But it is better to file Petition Under section 9 of Hindu Marriage act for Restitution of conjugal rights to order your husband to join your company again.

And the notice he has send have no value and don't worry about that as he is not present in India to contest for divorce and US decree of Uncontested divorce is not valid in India. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

as you want to rejoin matrimonial knot, therefore, 

try to settle the matter amicably with your husband involving elders/relatives/friends etc and start afresh, and if, failed,

send a reply to the Divorce notice through one prominent lawyer,

and then, file Restitution of conjugal rights petition in the Court,

and also file/claim

498a complaint,

Domestic Violence case, (for causing mental cruelty, social, economic, physical and mental abuse)

maintenance,

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

File criminal complain to f dowry demand and domestic violence. Also file maintenance petition and arrangement of separate accommodation.

Divorce wont grant so easily so relax.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

If you have received a legal notice from a local lawyer with fake allegations, it becomes your duty to issue a reply notice denying all the allegations against you.

You may contact a local advocate and issue a proper and fitting reply notice denying all the allegations.

If you would like to take legal action then you may file a DVC against him and your in laws seeking protection, residence, maintenance to you both, return of all your articles and compensation for all the tortures he has done to you.

Besides you may also file a maintenance case under section 125 cr.p.c. for you both.

 

 

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

  1. As per the information mentioned in the present query, makes it clear that your husband might have made up his mind to divorce you, but he has forgotten that there must be a reason for doing so which I think he won’t be having any such, so ultimately he would lose.
  2. In fact, he cannot file divorce there, he will have to come to India as marriage happened in India as per the law if divorce.
  3. Even if he gets divorce decree there then also that won’t be valid in India.
  4. You should reply him stating all allegations are vague and baseless.
  5. He won’t get divorce just because d a reason best known to him, but all are without any force.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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