• Mixed bag of questions regarding my fate in this married life

Hi,

Q1. I know that wife texting ex boyfriend and discussing married life details over whatsapp or facebook is not considered a serious offence under HMA and HC/SC in India. But if wife writes open invitation asking ex bf to come to USA ; wife texts stating she will buy gifts for ex-bf from USA whenever she will visit India or even complaining about husband to ex-BF ; aren't these any valid grounds for dissolving the marriage ? In worst case, if wife in USA is caught on webcam exposing her body parts to her ex-BF sitting in India Isn't that still an adultery or extra marital stuff ? Does it have to be physical in person for such a claim to be valid ?

Q2. If I remarry my existing wife under Christian law in a local church in USA will it automatically revoke the marriage held under HMA last year in India ? Will christian laws apply on me then if I file for divorce ? Does it also require me to convert to christianity for escaping cruel elements of Hindu marriage law ?

Q3. Under HMA, if divorce occurs then is wife also entitled to receive portion of my Father's property(not ancestral but his own property) ? Or wife is entitled to only husband owned property or husband's money ?

Q3. Lets say wife goes back to India and then If hindu husband goes for Ex parte divorce is  in USA then I know that this divorce has to be registered/verified in Indian courts as well. If wife receives summons from US court and refuses to come to USA saying she cant buy ticket then husband is willing to pay travel expenses ; in that case will it still be possible for wife to say No and refuse to accept the ex-parte divorce ? How are such cases dealt with wherein wife and her family are given proper communication and still wife refuses to attend US court inspite of no ticket or visa issues ?

Q4. Is 125 crpc still valid after divorce ? Or is it invalid if divorce is MCD/Mutual consent types ?

Q5. Will a Canadian nationality help avoid the evil and mostly falsely made up clutches of HMA such as 498a, DV etc ?
Asked 8 months ago in Family Law from United States
Religion: Hindu
1. Yes,these are enough proofs of adultery specially the web-chat with exposed body parts.

2. You can remarry the same person under different religion or Act unless the early marriage is dissolved. Even if you do the same has no consequences and  it is first marriage which remains in force.

3. There is no scope of validating the USA decree in India. The ex-parte decree passed by foreign court has no validity in India nor it can be corrected/cured by any method. To get divorce which is recognised in India you have to get the same from Indian court.

4. 125 crpc remains effective as long as the divorced wife does not remarry or becomes gainfully employed.

5. Citizenship is no shield to escapee from the rigours of Indian law.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. Inviting your ex to come to your place and also offering to give him gifts is not an offence, but for her to show herself nude on cam to her ex is a civil wrong which can be the basis of filing for dissolution of marriage. Sex between her and her ex is not necessary to constitute adultery.

2. Your marriage in accordance with Christian rituals, unless preceded by divorce, will be without a legal force. Your marriage under HMA will continue to be your marriage. You are misinformed that by embracing another religion you can escape a penal prosecution for dowry.  The penal law on dowry harassment has no nexus with religion, and it applies across the board to every religion.

3. Under HMA a wife has no right to claim a share in the property of her in-laws or husband.

4. 125 Cr.P.C can be resorted to even after divorce. 

5. Obtaining nationality of another country will not make you immune from the Indian legal framework.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
1) buying gifts for ex boy friend is not ground for divorce . It is necessary for your wife to have physical relationship with her boy friend to constitute adultery 

2) if yiur wife strips naked in front of webcam for her boy friend yiu can sue for divorce on grounds of mental cruelty 

3) your marriage has been solemnised under HMA. You would be governed by provisions of HMA  . You cannot remarry your wife under Christian law 

4) wife is not entitled to any share in husband or father property under HMA 

5) your exparte divorce decree would not be valid in India as wife did not participate in divorce proceedings 

6) Canadian nationality will not help yiu avoid provisions of HMA 
Ajay Sethi
Advocate, Mumbai
23383 Answers
1229 Consultations
5.0 on 5.0
Hi
please find my response to your query::
Q1. Exposing private body parts in webcam to an unknown stranger for purpose of erotic, pornography is adultery and is a valid ground for divorce.
Q2. Remarriage under christian laws; not a good option at all . If you convert to christianity, your wife can claim conversion of religion as cause and she will get divorce and all of your property within a matter of weeks.  
Q3. Wife entitled for a share of husband's existing self acquired properties only. Father, grand father's property that are likely to devolve on husband are excluded. 
Q4. Sec 125 valid only till the court proceedings are in place. Once a divorce(MCD or contested) is granted, 125 cr p c will not be applicable. 
Q5. If you are a canadian national, you will not be subject to any indian law or indian courts. HMA, Dv or for that matter no indian court can initiate proceedings against you.
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
1. sexual intercourse is sine quo non for establishment of offence of adultery under Indian Penal code for prosecution of accused. Woman cannot be prosecuted for the  offence of adultery under section 497 IPC. 

Hindu Marriage Act, 1955, Section 13(1)(i) describe Adultery as a ground of divorce but does not describe what is Adultery? Adultery is describe under Section 497 of the Indian Penal Code (IPC).

2. Her act of sending messages and exposing her body may constitute an act of adultery if you have some evidence to prove that they have an opportunity to establish bodily relation. Adultery can be prove by circumstantial evidence. 

If they had chance or opportunity to established such relation in India it shall establish the fact that she is living under adultery (for the purpose of section 13 HMA)

Act of adultery is committed in privacy so direct evidence hardly comes before the court it always be proved by circumstantial evidence.  

Exposing her body before her BF is an act of unchastity and it constitutes an act of adultery under section 13 HMA.  it is a ground of divorce. 

3. you should keep all such recordings to prove her guilt.

4. An unchaste wife is not entitled for alimony.
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0
1. it is good for you file divorce case in India because if you file case in USA you have to file two litigation on same issue. one in USA and other in India for execution of USA's court decree. 

2. There is no law in India which provides right to woman in her husband's property. 

3. If divorce is granted on the ground of unchaste of wife she cannot claim maintenance under section 125 because section 125(4) prevent this. 
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0
Hi, You can file a petition for divorce on the ground of cruelty and adultery and it is a good ground for divorce and whatsup message will help you to prove your case.

2. As per law a hindu can't marry a second marriage during the subsistence of first marriage and you will be punishable for the offence of bigamy.

3. As per Hindu Law wife is entitled for only maintenance and she has no right to claim share in the properties of the husband either it is ancestral and self acquired.
4.  If the divorce is filed in USA and wife is participating the proceedings in USA then only the divorce obtained in US Court is valid in India.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
even complaining about husband to ex-BF ; aren't these any valid grounds for dissolving the marriage ? In worst case, if wife in USA is caught on webcam exposing her body parts to her ex-BF sitting in India Isn't that still an adultery or extra marital stuff ? Does it have to be physical in person for such a claim to be valid ?

Complaining about husband to ex-boyfriend without any valid reason or trying to insult husband before boyfriend or any third person amounts to an act of cruelty.   
Exposing body parts is an act obscenity, which will be an offence under another law, however this can be mentioned  to depict her lose moral or character  which can be another form cruelty and a ground for divorce. 
Extra marital affair or adultery is defined when both indulge into physical relationship outside the marriage. 



. If I remarry my existing wife under Christian law in a local church in USA will it automatically revoke the marriage held under HMA last year in India ? Will christian laws apply on me then if I file for divorce ? Does it also require me to convert to christianity for escaping cruel elements of Hindu marriage law ?

From this it does not follow that the marriage tie is severed by conversion or by any act of the parties. Hindu law does not regard marriage as a mere contract. It regards that marriage makes the husband and wife one person. According to it, marriage is indissoluble and not even by sale or by repudiation is a wife released from her husband. It follows therefore that mere conversion from Hinduism has not the effect the unfastening the marriage tie. The result is that it has been held that a married Hindu convert to Christianity commits the offence of bigamy if he or she marries when the Hindu spouse is alive unless the first marriage is dissolved.The marriage prior to conversion is not dissolved by the conversion.
If a Christian having a wife married in accordance with Christian rites marries another in accordance with Hindu rites he is clearly guilty of the offence of bigamy. The legality of the first marriage in such a case is beyond doubt. It is because that the second marriage by a Christian cannot be considered a marriage at all that he is punished for bigamy. The fact that the second marriage is also void as it was entered into with a Hindu woman does not make it less bigamous.







Q3. Lets say wife goes back to India and then If hindu husband goes for Ex parte divorce is  in USA then I know that this divorce has to be registered/verified in Indian courts as well. If wife receives summons from US court and refuses to come to USA saying she cant buy ticket then husband is willing to pay travel expenses ; in that case will it still be possible for wife to say No and refuse to accept the ex-parte divorce ? How are such cases dealt with wherein wife and her family are given proper communication and still wife refuses to attend US court inspite of no ticket or visa issues ?

Exparte divorce in US will not be recognised as valid divorce in India. 
There should be proof for service of summons and her refusal to attend the court, however even on such circumstances the exparte divorce granted in a foreign country is not recognised as per Indian laws . 
Any divorce granted without participation of one party to marriage shall not be held as valid divorce in India. 






Q4. Is 125 crpc still valid after divorce ? Or is it invalid if divorce is MCD/Mutual consent types ?

Yes, it is maintainable even after divorce. 






Q5. Will a Canadian nationality help avoid the evil and mostly falsely made up clutches of HMA such as 498a, DV etc ?

What is Canadian nationality or citizen doing her in India to attract 498a?
What is your question?
Do you mean to say that you are a Canada citizen hence whether the Indian laws will be applicable to you?
If you have married as per Indian laws, you are bound by the Indian laws for the matrimonial offences against the complaint given by the aggrieved party. 
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23383 Answers
1229 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0