File appeal in HC against exparte divorce decree passed by family court and the alimony amount awarded by  family court 

2) in execution of decree wife can seek attachment of your bank accounts or immovable property in India 

3) if you don’t hav e any property or money in

your bank accounts it would be difficult for your wife to execute decree passed by family court 

See in case you fail to pay the amount the wife can take attachment order for bank accounts and properties In India, further in case you donot have any properties the court also can sentence you to civil prison.

Further for closing the case either you have settle with wife or challenge the ex-parte order and further get main divorce case restored. 

You have to pay the alimony if you do not appeal against the judgment of the lower court so if you wants to rid off the same then please file an appeal otherwise no income ground don't stand any where.

An appeal should be filed agaisnt this decree. If you are not in a position to file appeal then criminal cases may be lodged againt you in India by your wife.

Regards 

Dear Sir,

If you have no properties in India, then you are safe.  But if you come to India there is danger of arrest.  It cannot be closed but the danger is only when you return.

1. She will now file an execution petition before the Court.

2. If the order is not executed, Non Bailable Arrest Warrant might be issued against you for which you might be arrested anytime you step in to any airport in India.

3. It will be prudent on your part to challenge the ex-parte order before the appellate court and get the alimony part of the order rejected.

You can challenge the decree and get it set aside. You can contest the said divorce case in India. You can claim alimony from him as you are not financially viable now. First you need to setaside the experts decree. You can  contact me through kaanoon for further details through telephonic consultation

You have to appeal in the high court against the family court order.

Your lawywr can manage everything and you don't have to come. 

Your lawyer can appear on your behalf 

 your  personal presence is not necessary 

3) appeal has to be filed in HC of your state 

You ought to have challenged the proceedings .As you failed you may file a petition to set aside the proceedings .

Regards 

G.Rajaganapathy

Lawyer 

High Court of Madras

1. For signing the plaint and the Vakalatnama, you shall have to be present before the Advocate.

2. Thereafter he can file the appeal and pursue the case to its end.

Hire local lawyer and ask him to file application to set aside ex parte decree and not appeal. Limitation to file application in 30 days after receiving ntoice from advocate.

Advocate can represent you.

Execution filed in India may have no impact on you, until you not comes to India, For effective enforcement of order, have to file execution petition in Canada.

Your advocate can carry out proceedings you donot need to personally present.You can file a restoration before the same court. 

Under order 9 rule 13 u may file an application for setting aside exparte decree against you wherein notice has not been served on you. However limitatiion for filing such application are 30 days but you can explain before honourable court that notice is unserved on you and bonafidely delay has taken place which is legal under the law.

1.our advocate can do it. Being exparte order you can set it aside in same court 

1. You have to apply for setting aside the ex parte decree of divorce on the ground that you were prevented by sufficient cause from contesting the case. Filing an appeal against the ex parte decree will be an exercise in futility. Apply for setting it aside.

2. Unless the ex parte decree is set aside your ex wife is free to execute the decree. 

3. If she files the execution petition then court will be loath to set aside the ex parte decree, so better apply for setting aside the ex parte decree before she files the execution petition.

4. You do not have to appear in the court personally. 

The worst they can do is to file execution petition in family court asking for attachment of your properties in India.

But as you are telling you don't have any property in India court can issue conditional warrant against you that whenever police will arrest you, you will have choice to pay the money or go to jail. 

Since she has got an exparte divorce decree, if you dont reopen the same by filing a petition to set aside the exparte divorce decree, then the divorce will be confirmed.

However, she may not be able to execute the order granting the amount ordered to be paid because the Indian courts has no power to execute the orders beyond Indian territories.  

You may ignore the notice sent by her husband, she cannot do anything about it until you volunteer to pay her, which you do not have to since it is an exparte order.

In my opinion, since you are not interested to live with her anymore, you may not have to strain to prefer an appeal or file a set aside petition to set aside the exparte decree of divorce.

No heaven will fall down even if you leave it as it is.

She may not be able to get even a single penny sitting at India with the paper decree in her favor.

If at all she has to get some money out of this matrimonial dispute, she may have to travel to the country of your residence and file a fresh petitioin seeking financial support from you as per that country's laws in this regard.