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Author Topic: Need help to know law for NRI to get divorce from wife!! Please help ASAP  (Read 414 times)

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Offline anjansaxena82

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I married with Indian girl on 10 Dec 2016.  Girl is from Ujjain and i am from Delhi. I am an NRI working outside of India in IT firm.
Due to demonetisation,She asked me to transfer some money(3 lac) to hotel account on 20 Nov 2016 so that her brother wedding will not get affected which i have done.
Time to time,she asked me money which i was giving to her till present as i was unaware of her intention and thought that due to demonetisation she is facing all this challenges.
She is 7 month Pregnant. in November she was forcing me to send her back to India as she is missing her family . So i send her to India.
But On 4 Dec 2017(6 days before my first anniversary) , I came to know from unknown person that my wife is in jail for bank forgery case under section 420,467,468,471.
Police caught her on 3 Dec 2017 but her family member didn't told me anything.Then we try to understood the case then we came to know that She was absconding from case from 26 Oct 2016 .Case is =>she has taken some 26 Lakh from his uncle to invest in FDR which she hasn't done.But she was giving banl receipt to them.

Also came to know that on 27 Feb 2017 she applied for anticipatory bail which was rejected by high court.we are not aware of her bail application and case by that time.As sense of responsibility towards her I tried for bail 3 times with good lawyer but every time court denied to give bail.

According to them ,Marriage is done with NRI to run from India. When Police has done announcement on 4 Dec2016 then she Applied for bail in feb and when bail rejected then she planned the pregnancy  as She understood that she can be caught anytime. Police caught her by tracking her mobile location.In short, Pregnancy and marriage is planned to get rid from this case.

Till May 2017 She was working in some company before her Singapore visa got approved. In Jun she was in Singapore with me.But gone to India on 7 Nov 2017.

During this all 12 months , we haven't demand any dowry or single money from her(we know dowry is illegal). She was taking money from my parents and me time to time.we are very happy go lucky kind of family who believes on self hard work and self earning. No pressure from our side to her. We never beat or quarrel or argue to her.
We gave her all happiness and done everything according to her wish.Even i gave money to her brother honeymoon because she wanted.My parent treat her as their daughter.Everyone is shocked in my family.I don't know how much
she hide many things from us and we don't know how many case/FIR on her running.

I want to know what i can do in this situation.


1).Can i give divorce to her as i feel cheated and she used me to get out from this case.where i can file divorce case as i have done court marriage in UP court.
2).If i  give divorce then do i need to pay(anomalies) anything to her or on name of baby.
3).Will My parents be affected from this case.They are very old 70+ yrs and heart patient.
4).Court will ask her to surrender her passport. in that case she can't travel outside india but She can go to my parent house. So what steps
My parent should take. we have good repo in india. If she visit to my parent house then our image and repo will be damaged.So how i can save my old parents
5).when i asked her about the case.She is not giving proper response. Every time we get new story from her mouth.
6). What is rule for NRI to give divorce.

Offline advjaibansal

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1).Can i give divorce to her as i feel cheated and she used me to get out from this case.where i can file divorce case as i have done court marriage in UP court.
-- You can file for divorce in U.P. as well as Delhi and also in the country where you are posted now. It can be place of marriage or place where wife is residing now or at the place where both the parties last resided together.

2).If i  give divorce then do i need to pay(anomalies) anything to her or on name of baby.
-- It depends from case to case.

3).Will My parents be affected from this case.They are very old 70+ yrs and heart patient.
-- If wife files any case for dowry harassment, which it seems may not be made out in your case as you are the one who has transferred the money in her account from time to time.

4).Court will ask her to surrender her passport. in that case she can't travel outside india but She can go to my parent house. So what steps
My parent should take. we have good repo in india. If she visit to my parent house then our image and repo will be damaged.So how i can save my old parents.
-- your parents can refuse her to come inside the premises.

5).when i asked her about the case.She is not giving proper response. Every time we get new story from her mouth.
--You may read the FIR and case documents to know about the case.

6). What is rule for NRI to give divorce.
-- there is no special rule for NRI to give divorce. Law is same for everyone. However, you can also file divorce in the foreign country.

Important - as your wife is in the custody, you should try and get the custody of the child, which will be easily given to you from the court if you file any custody petition.

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

Offline anjansaxena82

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Jai sir,

Can i know whether she can get anticipatory bail from supreme court as crime is not proved yet and she is 7 month pregnant.
« Last Edit: January 08, 2018, 05:01:19 PM by anjansaxena82 »

Offline anjansaxena82

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Jai sir , just want to few more question

1)..will she get bail from supreme court as high court rejected her bail 2 times . she is 7 month pregnant but allegation has to be still proved.
2). Without proof why court is rejecting her bail and asking her to proof herself. once she can out then she can give proof.
3). She was absconding from 1 yr according to court but no notification was send by court to her now they showed  her absconding . Will she get bail in supreme court .She is 7 month pregnant.

Offline kalaskarkk

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Dear Sir,

My hones answers are as follows:

1).Can i give divorce to her as i feel cheated and she used me to get out from this case.where i can file divorce case as i have done court marriage in UP court.
Ans: Yes, it is a valid ground. It can be filed in UP Court.
2).If i  give divorce then do i need to pay(anomalies) anything to her or on name of baby.
Ans. Since she cheated you so there is no question of alimony, but you child may require some amount.
3).Will My parents be affected from this case.They are very old 70+ yrs and heart patient.
Ans. If 498a case is filed, then immediately get Anticipatory Bail (AB)and even before filing FIR AB can be obtained.
4).Court will ask her to surrender her passport. in that case she can't travel outside india but She can go to my parent house. So what steps
My parent should take. we have good repo in india. If she visit to my parent house then our image and repo will be damaged.So how i can save my old parents
Ans: You can file suit to restrain her from entering into the house of your parents.
5).when i asked her about the case.She is not giving proper response. Every time we get new story from her mouth.
Ans. Copy of FIR and case records are available on filing third party application in the Court
6). What is rule for NRI to give divorce.
Ans. No issue, same normal procedure.
=====================================================================
1)..will she get bail from supreme court as high court rejected her bail 2 times . she is 7 month pregnant but allegation has to be still proved.
Ans. She may get considering motherhood. Proving of allegations is separate issue, it will arise only after filing chare sheet and/or after trial.
2). Without proof why court is rejecting her bail and asking her to proof herself. once she can out then she can give proof. Ans. To avoid tampering of records, Court will reject bail, once charge sheet is filed bail will be granted it there is no threat to the witnesses. She is innocent till crime is proved by the prosecution.
3). She was absconding from 1 yr according to court but no notification was send by court to her now they showed  her absconding . Will she get bail in supreme court .She is 7 month pregnant.
Ans. No issue, normally bail will be granted. It is a private litigation between her and her blood relations.
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003. Karnataka.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com

Offline advjaibansal

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1)..will she get bail from supreme court as high court rejected her bail 2 times . she is 7 month pregnant but allegation has to be still proved.
- In these types of crime, getting bail is easier when the accused/wife is ready to deposit the cheated amount in court or half of the amount. Getting a conditional bail is easier. Getting bail is a discretionary powers of the court, if good grounds are made out and she is ready to deposit even the half of the amount cheated, she may get the bail from Supreme Court.

2). Without proof why court is rejecting her bail and asking her to proof herself. once she can out then she can give proof.
- Thats not the criteria for getting the bail. It all depends on the allegations made in the FIR and whether grounds made out for bail or not. Now its more than couple of months, you may approach the high court again for grant of bail.

3). She was absconding from 1 yr according to court but no notification was send by court to her now they showed  her absconding . Will she get bail in supreme court .She is 7 month pregnant.
-- It must have been shown in the police records. Pregnancy is one grounds but ask her if she if ready to deposit some of the amount cheated by her before the court. She may have better chances to get the bail.

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

 

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