|
|
|
|
| The Legal Needs Network is not currently active and cannot accept new posts |
| Advise on divorce needed. | Views: 646 |
| Aug 31, 2006 7:37 pm | | Advise on divorce needed. | # |
Lokesh Rai | | I have 2 questions please:
1. Can divorce be held outside india (if the marriage took place in india, and both are now outside india - in US)?
2. What proof (if any) is required to prove that husband and wife lived separately for an year - before they can file for divorce? (I am assuming that the law states that both should live separately for an year to file for divorce).
Thanks in advance,
L. Private Reply to Lokesh Rai |
| Sep 01, 2006 7:41 am | | re: Advise on divorce needed. | # |
Y Bhavy | | Lokesh,
This is the question that most of the youngsters (IT People)are asking these days.
I will suggest you to go through Hindu Marraige Act and search net for more information.
Divorce can be happen outside india but indian courts hardly accept such divorce decrees and it becomes impossible when such decrees are passed ex-party. Recently, there was a program on star news on above issue.
You are talking about dessertion as a ground for divorce. In US it is alright but it is really impossible in india.It is not really one year.
Divorce is not easy in india atleast for men. Mutal consent divorce is easy and fast in india. Be aware of misuse of anti-dowry law.In most of the cases it has been seen as counter attack if husband files divorce first.
http://www.ibnlive.com/news/dowry-law-a-raw-deal-for-nri-hubbies/19887-3.html
You can PM incase need be.
Y Bhavy Private Reply to Y Bhavy |
| Sep 01, 2006 7:57 am | | re: Advise on divorce needed. | # |
harish vaidyanathan | | Hi Lokesh,
Sorry to answer your Questions some questions. Plus, some info which you might need.
1. Which religion?
2. Is it by mutual consent?
3. The one year requirement is for applicable for a divorce by mutual consent under the Hindu Marriage Act/ Spl. marriage Act and is applicable only in India.
HPrivate Reply to harish vaidyanathan |
| Sep 01, 2006 8:46 am | | re: re: Advise on divorce needed. | # |
Y Bhavy | | Harish,
# The one year requirement is for applicable for a divorce by mutual consent under the Hindu Marriage Act/ Spl. marriage Act and is applicable only in India#
-- I have heard a judgement on waiving of 1 year period in case of mutual divorce. 1 year judgement was reduced to 6 months.But not seen that judgement.
Is it true?
Y BhavyPrivate Reply to Y Bhavy |
| Sep 04, 2006 6:57 am | | re: re: re: Advise on divorce needed. | # |
Lokesh Rai | | hi guys, thanks for the advice..
1. yes, it's a divorce by mutual consent.
2. do we have to tell the court beforehand that we are going to live separately? or we can tell them that we lived separately for the last 1 year (or 6 months) and now we want a divorce?
3. do we have to physically be in india for the divorce? or we can do the paperwork through mail (with the help of a lawyer)?
Thanks again..i appreciate it..
Also, I would like to talk to a lawyer for this - if anyone is a lawyer or knows any lawyers, then please PM me the contact information.
Regards,
LokeshPrivate Reply to Lokesh Rai |
| Sep 05, 2006 3:48 am | | re: re: re: re: Advise on divorce needed. | # |
Lawyer | | Hi Lokesh
The issue arises when there is conflict of interest , in your case its mutual consent and you can get divorce decree by mutual consent in any country and its valid .As mutual consent means both parties make an agreement to end marriage amicably and there is nothing to be challenged as deprivation of rights from either side. Its acceptable in india if you divorce mutually in any court outside india.
The issue is only when any of the party challenge the divorce has been deprived of its rights which usually happen in cases of 'Ex-partee divorce'-when you get Divorce as benefit of absence of other party. And in case when the person is not satisfied with proceedings of case in foreign country or has been mislead or manipulated but this is different issue. In case of Mutual consent the divorce is amicable by 2 parties and acceptable and valid best of luckPrivate Reply to Lawyer |
| Sep 05, 2006 8:22 am | | re: re: re: Advise on divorce needed. | # |
harish vaidyanathan | | Hi,
There are a number of Judgments/ instances where the one year period has been waived. One that I'm sure of is by Justice Mukul Mudgal of the Delhi High Court as I've used it a number of times. There seem to have been similar pronouncements by various high Courts as well. There is also a proposal to legislate on this issue.
HPrivate Reply to harish vaidyanathan |
| Sep 05, 2006 3:24 pm | | re: re: re: re: Advise on divorce needed. | # |
Y Bhavy | | Harish,Thanks for the information.
Lokesh, Mutual divorce is not a problem in any country.
Any lawyer can help you in drafting joint petition. It is the best way to say good bye.
Y BhavyPrivate Reply to Y Bhavy |
| Sep 06, 2006 12:51 pm | | re: re: re: re: Advise on divorce needed. | # |
harish vaidyanathan | | Hi Lokesh,
You have to state that u hv been apart for over a year. That could be even from the date of the last ceremony that you guys had or the date after the honeymoon ended or something.
Six months is as per statute after the institution of the proceedings. It may not get completely waived.
You are usually required to be present personally at least during the time of presentation, i.e the first date.
You can get in touch in case you need any more help.
HPrivate Reply to harish vaidyanathan |
| Sep 16, 2006 10:11 am | | re: re: Advise on divorce needed. | # |
Rain Man | | Hello, lawyers from husbands side always suggest the person to go underground and stay away from accepting the notices.
This they say is to avoid the misuse of dowry,harrasments kind of criminal charges. Which usualy every advocate from women's side does.
And is it true that we should do this also to avoide the mentainance cases.
It is said that lawyers from women side do everything to harrasse men, as most of the laws are on female side. And they can use it as they wish.
That means is it that men always have to take a defencive stand,and try for out of court settlement ?Private Reply to Rain Man |
| Sep 18, 2006 11:34 am | | re: re: re: Advise on divorce needed. | # |
Y Bhavy | | Rightly said Amit. But it should not happen with Mutual Consent Divorce. Misuse of 498A (Anti-dowry law) happens if one party is not willing for seperation or women is unscrouplous.Mutual Divorce is for graceful exit.Very mature people, who understand that they are not made for each other.
Misuse of 498A is called legal terrorism. 498A IPC is an anti-women law.
Now a days husbands are not going for out of court settlement.All misusers shall be send to jail.
You know, now a days people have started using 498A family and 498A girl.
Warm Regards,
Y BhavyPrivate Reply to Y Bhavy |
| Sep 19, 2006 5:27 am | | re: re: re: re: Advise on divorce needed. | # |
Rain Man | | No but, current situation seems to be like though women decide to have it mutually,they dont take the direct staright way towards mutual settlement.
Whereas their lawyers pursuade them to use the law with all options to harras the husband,trouble them and then sit for discussion. So that they can ask for more money and come out with generous profit.
But husband is totally torn off after all this,helpless with law.Private Reply to Rain Man |
| Sep 21, 2006 2:14 pm | | re: re: re: re: re: Advise on divorce needed. | # |
Y Bhavy | | Well said. Biggest problem, 498A is used as a straight jacket formula for any matrimonial dispute and even in mutual divorce cases also.
Why an unscrouplous women will not misuse 498A when she knows that after arrest of elders, children and other relatives,will give her a better hand on negotiation table to extort more money on the name of permanent settlement.
That is the point. A couple has decided to go for mutual divorce. They are plannig for it meanwhile someone is suggested that like plane mutual divorce you can only get 10 lakh+ stridhan,but now since you both have decided to go for mutual seperation why not file 498A, get them arrested then they will give 15-20-25 lakh to avoid bad name in the society and get rid of court troubles.
This is the prime reason for 498A cases to have such a low conviction rate of only 2%.Most of the cases are settled outside court for money. It is extortion tool for unscrouplous women.
I have seen cases where 498A cases were filed after divorce was granted.
http://mumbai.indymedia.org/en/2006/07/211853.shtml
But if a women is mature and wants to leave gracefully will never misuse 498A.I am sure.
Husband should not pay any penny incase of false 498A is filed. This is the only solution to curbe the menace of stupid law like 498A IPC.
Warm Regards,
Y BhavyPrivate Reply to Y Bhavy |
| Sep 22, 2006 9:48 am | | re: re: re: re: re: re: Advise on divorce needed. | # |
Rain Man | | But in case husband doesnt want to play around as his lawyers say, and he wants to present before the court.
And do everything in a straight way. what to do ?
lawyers say, you cant take chances in these issues,as almost all laws are against husbands.
then what to do ?Private Reply to Rain Man |
| Sep 22, 2006 10:50 am | | re: re: re: re: re: re: re: Advise on divorce needed. | # |
Y Bhavy | | Most of the question are answered below;
http://www.498a.org/faq.htm
The game of false 498A is there till arrest and bail.
If Law are with unscrouplous women then technology is with husband. Use technology to create evidences for you. It is easy to put false 498A but if husband decides to fight, always tough for opponents.
Y BhavyPrivate Reply to Y Bhavy |
| Feb 09, 2007 10:51 pm | | re: Advise on divorce needed. | # |
Lokesh Rai | | Now, my wife (soon to be ex) says she can get our divorce done without going back to india - by getting a 'power of attorney' document made from a lawyer she has talked to in india. So, we just sign our separate POWs and send to the lawyer, and within 2-3 months, we can get a divorce. Is this possible? Any advice would be valuable..Thanks. Private Reply to Lokesh Rai |
| Feb 09, 2007 11:34 pm | | re: re: Advise on divorce needed. | # |
George Schmidt | | I can't believe there is any need to go back to India for a divorce, but do check it out with our attorneys here. You should have an attorney representing YOU to make sure that your rights are protected.
If you are both legal residents in the US, I expect that this would all be taken care of under US (California) law.
I can help you out with contacting an attorney and save a ton of money in the process.
George Schmidt
Independent Associate
Pre-Paid Legal Services, Inc.
http://www.prepaidlegal.com/hub/grschmidtPrivate Reply to George Schmidt |
 |
|
|
