Legal Question in Family Law in India

how to get protection order from court?

thanks to all who replied to my query. i have some further things i need to get answers for so pls. do read the whole thing and then reply. thanks. we got married last year under the christian marriages act and had it registered and then my husband left to USA. he is an american citizen. he then filed for divorce in the texas court and has been awarded an ex-parte decision. i am staying in his house in chennai, india, and that was my only hold on him, but now he tells me that he has sold the house. what are my rights? what should i do to protect myself? i am not working and my parents are no more so i have no place to go if i leave this house. i have tried to get a protection order (DIR) but havent been able to due to not knowing his address in the US and his mother is creating problems for me and i do not have her address also. the protection officer told me that unless i can get the addresses the court will not accept my plea. i have his old address and a C/o address for my mother in law will that do? also what happens if he or my mil do not respond to the summons? i have a high court lawyer here who is very busy and keeps telling me to ignore it, but i am worried hence asking for additional information from other lawyers


Asked on 11/06/08, 8:21 am

2 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: how to get protection order from court?

Hire a trial court Sr lawyer

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Answered on 11/10/08, 6:19 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: how to get protection order from court?

(a) You should be allowed to use the "last known address" given by him in India;

(b) You may also use his mother's "last known adddress".

(c) You may lodge your complaint with the police by sending a registered letter.

(d) You may also lodge a complaint u/s 498-A IPC.

(e) You may challege the divorce decree passed ex parte in USA and seek a declaration that the marriage is surviving and that divorce is non est in law.

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Answered on 11/06/08, 10:15 am


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