I am staying in Netherlands from 2017. I got married in May 2020 in India and travelled back to Netherlands in August 2020. It was an arranged marriage. I have been abused verbally by my wife and her father threatened me many times. She kept lying to me for everything. Later I got to know that Her family married her just because they wanted her to settle abroad . She even quit her job in India without telling me. I filed a divorce in Netherlands in August 2022 and our lawyers tried to arrange meeting to reach mutual agreement but she did not agreed to that. In October 2022, she travelled to India and filed a Dowry and Domestic Violence case against my whole family (incl sisters and their husband). She also filed Divorce case in India with section 13. My family received a call from Women cell in November but there is no update after that. My family did not even stay with me for more than 2 months in Total after marriage Later her lawyer in Netherlands mentioned in their report accusing my family of Dowry, and big amount of alimony which I cannot even afford. I wanted to know, 1. if I pay alimony and get divorced somehow in Netherlands, is that Divorce accepted in India ? is there any chance that she can demand alimony again in India ? 2. She is currently on dependent Visa and is working in IT company, if i cancelled her visa, she might lose the job. if she travelled back to India, can she filed more charges against me ? 3. I have her audio and video recordings where she said that she filed dowry case just because her Lawyer asked her to do. Can I prove that my family is not guilty by showing these recording in Indian Court ? 4. If I continue the case in India, how much amount she can demand legally ?
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1.Yes you need to validate the divorce in India for its admissibility in India
2.She can file any false case you need to contest it on merits
3.That is part of trial in case you cant use it now
4.It depends on the standard of living she enjoyed with you during marriage
You Better go for Mutual Consent Divorce in the Netherlands and that divorce order will be accepted in the India.
Or you can reply to her notice of divorce case filed in the India. Let her demand whatsoever amount, but it will be paid according to your net income 30% percent share maximum.
If wife has accepted alimony in Netherlands she cannot again claim it in India
2) your divorce should be passed on grounds recognised by HMA then it would be valid in India
3) if your wife is working and there is not much difference in your incomes she would not get any alimony
4) you can prepare transcript of audio recordings and enclose it in your application for anticipatory bail in India in divorce case
1. The proposed divorce in Netherlands is not legally valid in India hence don't waste your time, money and energy on it.
2. You don't worry what will happen to her because since she has already filed many cases against you, she cannot file any more case if her visa is cancelled.
3. The evidence in your possession may not be admissible as primary evidence but in order to prove that she has filed false cases, you can extract the truth during witness cross examination and get her case dismissed.
4. It cannot be predicted but there's no rule that you have to pay her whatever she demands.
Dear client I am sorry to hear that but in this case if you get a divorced degree and Netherland then you can impose it in India and it will be valid in India would over if you prove that she is the guilty person and she has lavid Falls charges against you and your family then you don't have to pay any composition to her
1. As per law, the decree of divorce on the mutual grounds or a decree which is passed in the presence of other party is valid in India.
- Hence, if you will get divorce from Netherlands court in her absence , then that will not valid in India , even you pay her alimony.
2. If she is residing in the same country , then you can get mutual divorce from the court of Netherland ,and that will valid in India , and further cannot file any case against you
- However, at the time of mutual consent divorce and paying the alimony , you can enter therein an MOU after mentioning all the conditions like she will have no right to claim on your property and fund etc. ,and further she will not file any compliant /cases in the India.
3. Yes
4. She can demand one fourth of your net income. However , if she is a working lady and her income is sufficient for her maintenance then she cannot claim maintenance/alimony from you in India.
