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Author Topic: NRI seeking divorce  (Read 1165 times)

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Offline sudved

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NRI seeking divorce
« on: January 26, 2017, 11:51:15 PM »
Dear people,

Am currently residing in US & my wife is in Mysore... our's was an arranged marriage, its has been one & half years since we are married... my wife showed her true colors less than a month after we got married... Am not here to bitch about my wife, just that there is absolutely no similarities between us & our wavelength doesn't match, its nowhere close to match... neither am i nor my parents are happy about having her in our lives...i want to get separated legally, but the trouble is she is very happy with the kind of life she's living now, with nobody bothering her & she in-turn bossing around & ill treating me (constant tormenting over the phone & emails on my work id) & my parents (she is living with my parents at our home in Mysore)... worst part is she is treating my parents like her servants, LITERALLY... i have tried talking to her parents about the issue, but in vein, they are in-turn supporting her in her ill doings... i have mentioned to both my wife & my in-laws that i need a divorce, response i received from them was a threat that they will ruin my life if i apply for divorce.

I'm planning to visit India in mid April & put a permanent end to all this once & for all... i have also been threatened by my father inlaw that they would confiscate my passport & would never let me travel back to US & ruin my career if i go legal & apply for divorce.

my question to you knowledgeable dear people are:

1) can i have my parents file for divorce for me in India while am in US? and i could be present during all court hearings or should i be physically present from start of the application process to last court hearing, which i presume is several months process?

2) Am on H1B visa, is there a way my passport could get confiscated by police if my wife or in-laws lodge any complaint against me with police (this is what i have been threatened by them over the phone)??

Kind & humble request for your inputs please.

thank you very much inadvance.
 

Offline advswagata

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Re: NRI seeking divorce
« Reply #1 on: January 29, 2017, 11:04:42 PM »
You first of all file for pre litigation mediation in high court.

First know the mind of your opponents, before you act.

Offline sudved

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Re: NRI seeking divorce
« Reply #2 on: January 30, 2017, 12:01:27 AM »
@advswagata... thank you very much for your advise ma'am, highly appreciate it...

Offline advjaibansal

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Re: NRI seeking divorce
« Reply #3 on: January 30, 2017, 07:30:12 AM »
1) can i have my parents file for divorce for me in India while am in US? and i could be present during all court hearings or should i be physically present from start of the application process to last court hearing, which i presume is several months process?

- You don't have to the present on all the hearings. Please try to appear on the first date of hearing and then issue or execute a special power of attorney for court case in favour of your father or mother. They can contest the case on your behalf. You have to appear for counselling and other process or when court may specially ask for your presence.

2) Am on H1B visa, is there a way my passport could get confiscated by police if my wife or in-laws lodge any complaint against me with police (this is what i have been threatened by them over the phone)??
- Please remember there are thousands of cases filed in matrimonial cases against the husband similarly placed like you. Under no circumstances passport may be confiscated by police unless there is a order by the court. Even if there is order by the court, the passport is immediately released by the court on filing an application. This is just a matrimonial office and you have not committed any terrorism that would enable to court to take your livelihood by confiscating your passport.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline sudved

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Re: NRI seeking divorce
« Reply #4 on: February 02, 2017, 08:04:45 PM »
Dear Jai Sir,
Thank you very much for your time for this advice, it will be extremely helpful...
Thank you Sir...

Offline adv.amarnath

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Re: NRI seeking divorce
« Reply #5 on: February 11, 2017, 01:45:52 AM »
1) can i have my parents file for divorce for me in India while am in US? and i could be present during all court hearings or should i be physically present from start of the application process to last court hearing, which i presume is several months process?
Ans: NO. You cannot give power of attorney to any person in respect of divorce matter as disputes is between you and your wife and your father or mother has no special knowledge about your disputes and allegations upon your wife. Further this will also proves that there is an interference of your parents. The person who has given this idea is just like a suicide attempt.

2) Am on H1B visa, is there a way my passport could get confiscated by police if my wife or in-laws lodge any complaint against me with police (this is what i have been threatened by them over the phone)??
Ans: Yes, there is a probabilities not absolute 
Regards,

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

Offline sudved

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Re: NRI seeking divorce
« Reply #6 on: February 16, 2017, 08:16:41 PM »
Dear Amarnath Sir,
Thank you very much for your inputs... highly appreciate your time sir.
Best Regards

Offline adv.amarnath

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Re: NRI seeking divorce
« Reply #7 on: February 21, 2017, 01:06:08 PM »
welcome... If you need any further advice/ consultation in details you can contact me
Regards,

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

 

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