Once divorce decree is passed wife cannot file DV case against you
2) it is necessary that there should be domestic relationship to file DV case
3) file petition for quashing in case false DV case is filed against you
NRI and divorce
I and wife got a mutual consent divorce done and mutually agreed by both parties and agreed to no alimony..The wife's parents wont like this or so. After this if the spouse parents give any false cases of DV or any other false case how can i respond as a NRI being outside india. Since i cannot attend the courts in india while working abroad ,would i lose even the false cases lodged by them? Further Can wife ask for alimony in the future if she loses her job or so
Asked 4 years ago in Family Law
Religion: Hindu
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11 Answers
Hi, Once you got the mutual consent divorce, that Wife parents can't file a Petition under DV Act. You don't bother too much.
Dear client,
You can perhaps attend the court hearings by way of an online medium. There is nothing much else you can do by being outside of India. Moreover, yes, your wife can ask for alimony if she loses her job. She can also ask for alimony even while working, though the amount may differ.
Thank you.
As it is a divorce by mutual consent without your wife claiming any alimony, she is legally estopped from making any claim later on. If there is any DV or other case filed against you in India, you can execute a specific PoA in favour of your reliable friend or relative in India and give evidence on your behalf in court.
If she has stated in the mutual consent divorce petition that she will not claim maintenance in future and the same has been recorded in the judgment stating that she will not claim any maintenance amount in future then this will become final.
After the marriage is dissolved by a decree of divorce, the DV case or any other false dowry harassment complaint will not be maintainable nor it will be entertained by court.
Especially in the event of a mutual consent divorce, the existing false cases also can be disposed on the basis of the divorce on the grounds of mutual consent.
Since the judgment is very clear that she will not claim alimony in future, even if she loses her job in future, she may not become eligible for maintenance.
Her parents cannot file any case against you.
Simple question I got mutual consent divorce judgment In the petition it stated that both are employed and so dont claim any maintainance from each other In this case if circumstances change-loss of job or so in the future Can my wife claim alimony in the future
Asked 4 years ago
Dear client,
Yes, in that case, she may ask for alimony in the future.
Thank you.
Wife can claim maintenance in future on account of changed circumstances
The judgment if contains what you have mentioned about alimony, then perhaps she may not be entitled to claim alimony or maintenance in the future even if she is rendered jobless.
Your wife, having opted for a divorce by mutual consent and waiving any alimony, is legally barred from claiming anything against you in future.
Yes cases from the parents will not be maintainable if divorce is already done mutually between you two
- As per law, Divorce by mutual consent is final and binding, and thus cannot be challenged in any Court by either of the parties.
- The basis of such divorce is mutual consent and since both parties consented to the divorce, they cannot breach the agreement and decisions.
- Therefore, the Decree granted under the mutual consent, and based agreement is final & unchallengeable by your wife,
- Even, if she will try to breach the agreement and decision of the case, then it will be considered as Contempt of the court.
- Since, in the petition it stated that both are employed and so don't claim any maintenance from each other, hence she cannot claim alimony in future from you.
- Further, her parents cannot lodge any compliant in India after the said mutual divorce.
