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Marriage dispute with NRI divorce case and 498 a
26-Oct-2023 (In Divorce Law)
Hello Sir ... My sis got married to canada NRI ... he lived here 10 days.. after that he stopped picking n reply to msgs just after 3 months .... his parents in dehradun india also stopped contacting sister .... now we have put police case 498a on all 3 of them.. case is just abt to registered... as police could not find them. They r hiding somewhere locking there house.... now problem is that boy is sending divorcce application from abroad through email by an advocate. And also he tried to send it at sis office at shimla... somehow sis has not recieved it and also didnot reply anything On mail as adviced by police... So now as his advocate has sent reminder 2-3 times.. I want to know should we reply to him anything ... should we reply him that we have put case against his client as he has desserted my sister and we r not ready to divorce without some compensation and as marriage registered in india divorce should be finalised in india or there is no need to reply.
First of all she should reply to emails or reminders by denying the divorce. Second thing file representation alongwith strong evidence of marriage before the embassy also. Meet the senior officials lf the police and put pressure for registeration of FIR against her in laws and husband also.
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Adv. Sarabjit Singh Cheema
Mohali | 25+ Answers
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As per your query if the accused are absconding from the police then you have to collect the details of their properties and to attach the property with the indulgence of the Court after that declare the proclaimed person as per provisions of law. Also issue look out notice for their where abouts. So far as the reply of the divorce notice issued by the counsel of husband you should consult with your lawyer and file reply if he suggests. As per your case marriage is solemnized and consumated in India as such foreign court has no jurisdiction to grant any decree of divorce. You also can file maintenance petition both under the provisions of Cr.P.C. and domestic violence Act as well as under Hindu Marriage Act and to create charge upon the property of her husband.
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Adv. Ajitpal Singh Mander
Bhatinda | 100+ Answers
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Since marriage was solemnized in India as such foreign judgement on divorce will not be helpful to the guy in India. I would advise that once case is registered, u should reply the same. My advise is that instead of going in for dowry case, you should have got a case of fraud and rape registered against him. As regard his parents who Re on the run , no matter .police can declare them P.O. Go ahead
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Adv. Harminder Syal
Phagwara | 25+ Answers
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