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Author Topic: Need a divorce living separately for last 6yrs  (Read 4689 times)

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Offline agadu123

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Need a divorce living separately for last 6yrs
« on: June 06, 2015, 10:16:40 AM »
I got married 8yrs back after 2yrs of married life, my wife and me living separately due to her extramarital affairs before/after marriage and she is living in abroad (US) and not willing to come back, also we have one baby girl and her age 6yrs now and she left with her parents. I waited for 4yrs to handle the situation through elders but nothing happened, and also her parents don't want to bring her back but same time not ready to give divorce.
finally i got frustrated and approached legal system filed divorce 2yrs back  but till now unable to serve the notice to her, as her parents opposed to take the notice as she is living in abroad, then i found her address by searching in social media and sent notices to abroad but unable to serve. Her parents kept one secret lawyer to find-out what we are doing and getting alerted before we do something. I am trying for get justice not getting any justice, rich people are buying the justice and playing with middle class people.
Not getting much suggestions from my advocate.. don't know did they buy our advocates as well. judge says without serve notice to respondent can't give any justice.
Can someone suggest how to serve the notice if respondent is not in India or hiding identity? If not served can't i get justice until serve the notice. As our marriage was arranged marriage and her parents hide facts did the marriage, aren't they responsible for this?

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Re: Need a divorce living separately for last 6yrs
« Reply #1 on: June 06, 2015, 07:04:12 PM »
You should fine an application in higher court.

secondly since the mother is not taking care of the child, you should file for child,custody also.

ask your lawyer to find out a way to get your wife's visa cancelled, so that she is back here.
if u like my posting plz submit your comments

Hi, I am advocate Uma Saika, from Assam

Offline advarjun

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Re: Need a divorce living separately for last 6yrs
« Reply #2 on: June 07, 2015, 01:36:36 AM »
Can you tell me how did your wife hp abroad without your consent how could that be possible.

you are hiding something here
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Offline agadu123

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Re: Need a divorce living separately for last 6yrs
« Reply #3 on: June 07, 2015, 09:52:25 AM »
Thanks Uma. I only raised this point with my advocate to file for child custody. The petition was prepared and submitted few months back but no notice was served till now.. really not understanding whats going on in court and not getting feel of will get justice. all process very very slow. My advocate is not giving much suggestions, I will check whats the process for visa cancellation...

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Re: Need a divorce living separately for last 6yrs
« Reply #4 on: June 07, 2015, 10:04:36 AM »
Thanks Arjun. I only took her to abroad on dependent visa, we came to India to discuss with her parents about facts on adultery, i went to my native place meanwhile they sent her back to abroad and hide in her sisters place. The only mistake i did was did not realize to cancel the dependent visa immediately, because i was in mindset of forgive her since have a kid and thought about her future but they took advantage to converted her dependent visa to student visa and now she is working in abroad but unable to serve the notice, twice sent and returned notices.
All these days what i learnt is no justice for good people in the society, my principle is if likes to live together live otherwise get separated and live your own life instead of spoiling others life.
Can i get some suggestion on following things?
How to serve notice to her? if not served can't i get justice? how much responsible by her parents for this?


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Re: Need a divorce living separately for last 6yrs
« Reply #5 on: June 08, 2015, 07:55:43 PM »
When is her visa expiring.. She has to be back to India.

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Re: Need a divorce living separately for last 6yrs
« Reply #6 on: June 09, 2015, 09:16:32 AM »
Don't know when her visa gets expired.. first thing i am trying to make her exparte but unable to serve the notice.
Any suggestions to trace her address in US, i have her old passport and SSN details with me.

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Re: Need a divorce living separately for last 6yrs
« Reply #7 on: June 09, 2015, 06:13:04 PM »
Lodge a police complaint in usa in that jurisdiction where she last resided.
she is still your wife, she is still your responsibility.

the US police department will trace your missing wife and report her back to India.

mention in the complaint about your baby missing her mother.

they will trace her even quicker
Adv.Banani Mukherjee"
Jodhpur High Court
Accident Claim and Cheating cases

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Re: Need a divorce living separately for last 6yrs
« Reply #8 on: June 10, 2015, 07:10:51 PM »
Thanks Banani! How to file a case in US from India? Can you please advice to whom i should approach for initiating this process?


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Re: Need a divorce living separately for last 6yrs
« Reply #9 on: June 13, 2015, 09:44:08 AM »
Can someone suggest please how i can file a case in US from India?

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Re: Need a divorce living separately for last 6yrs
« Reply #10 on: June 27, 2015, 01:03:02 AM »
Recently Judge has declared for Paper publication as respondent intentionally avoiding to take notice. My advocate mentioned that on which paper the publication to be given that Judge will decide and will confirm in next hearing.

If Judge declare to go for paper publication, can publish it now or it's mandate to wait until Judge decides the paper name. Please suggest because the next hearing is after 3 months if just to confirm the paper name really not require that much time.

Shall we wait until next hearing or go ahead publish it before next hearing. Please suggest.

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Re: Need a divorce living separately for last 6yrs
« Reply #11 on: June 29, 2015, 09:19:05 AM »
Dear Advocates - Please suggest for my situation.

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Re: Need a divorce living separately for last 6yrs
« Reply #12 on: August 05, 2015, 07:54:58 PM »
Dear Experts,

As I said Judge has declared to paper publications now respondent advocate came for one time settlement and mcd. my advocate also suggested go for this option instead of fighting for justice. During discussion has mentioned that they will not bring respondent from US but there is process to give authorization to father and do the process and get the divorce. also mentioned that i have already filed the divorce 2yrs ago that will convert into mcd and the divorce will issue in 1 month.

Asked me arrange the one time settlement amount, i have arranged and informed to initiate the next steps now they are saying,  we will need to file new petition for mcd and it will take 6months process. however while filing the respondent father will appear not respondent. also asking me to withdraw the petition which i filed 2yrs agao and now in paper publication state. I am in confusion what to do now.

1. Shall I continue with paper publication and await for respondent to attended?

or withdraw my petition and file a new mcd?

2. Is it possible without respondent (father will attended) getting mcd?

3. Suppose after i withdraw the petition, they are not ready to give mcd what will happen to my previous petition? can i request to re-consider?

Please give me some suggestion how i should proceed with this.

Thanks

Offline advmisthi

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Re: Need a divorce living separately for last 6yrs
« Reply #13 on: September 11, 2015, 02:40:34 AM »
to file for Mutual Divorce your wife has to be present. her father did not marry you she did, so she has to come.

first get that straight.

if your wife is not willing to come back
 than tell the court to pass exparte divorce in that 2 year old pending divorce petition.

tell you father in law to appear in court on the hearing date and testify that your wife has received the notice for divorce and that she will not come in court as she is abroad and that ex parte be granted in your favour.

your wife should give an affidavit to this affect.

DO NOT WITHDRAW the 2 YEAR OLD DIVORCE PETITION
Adv.Misthi Mukherjee
I am here to help, Shoot your legal problem to me, I promise I will help

Offline adv.amarnath

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Re: Need a divorce living separately for last 6yrs
« Reply #14 on: September 11, 2015, 03:23:14 AM »
As per the new judgement if the other spouse is in abroad and is unable to present on the date of evidence for mutual divorce, then other spouse's father can appear before court with proper identification and prove and, then the court has discretion to allow the divorce petition without the presence of other spouse. The spouse who is present before the court he/ she must give NO OBJECTION.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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