Legal Question in Criminal Law in India

hi

i want to redraft my question here:

my wife got divorce in Australia but also she file 498a in India on me and my parents. i am not in India.

earlier she filed divorce petition in india and then later on she withdraw her petiition of divorce

they declared me PO in India from Past one year.

1.is it possible to valid that divorce in India? if yes, then what are the steps?

2. is it possible to get the bail for the PO.

i really appreciate for the previous post replies.

Thanks for the help!!


Asked on 5/17/11, 4:22 pm

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

the answer to all your queries is in affirmative. you can get the order declaring you a PO quashed in the light of the fact that divorce has already been granted by Australian court and you may have to file a petition for getting your divorce declared valid by Indian Courts. you may hire a lawyer in india for this purpose.

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Answered on 5/17/11, 11:11 pm
Vishwa Arya Arya & Co.

sir, foreign decree of divorce would be enforcible only if it was obtained after service and contest by the other spouse. In case, divorce has already been granted, it would be easier to bail out from PO. It would require a simple application for cancellation of the order of PO giving details of your settlement abraod, sufficient reasons for not attending the court after service of summons. If summons were not served upon you, say so in the application. It may also be moved by an advocate in absentia.

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Answered on 5/18/11, 12:19 am


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