Legal Question in Family Law in India
Divorce Case questions
I live in US and I filed for divorce last year in Sept in India after that I came back to US. Next day my wife filed a dowry case against me, in that case I got the temporary bail & on the date of permanent bail judge granted me bail for 1 month & asked my attorney for me to appear in front of judge and say that I filed the case in India & i dont want to live with my wife. My question is the case was for bail hearing than can a judge ask me to come back in india for divorce case? and also if I go there can they keep my passport and not let me come back? or can I say to judge (by giving some medical certificate) that I cannot come? or What are my other options? I am just confused why he asked about divorce case in the bail hearing case.
P.S. one thing I know the girls parents know some high post people & they may have used their connection & asked the judge to call me back and may be they'll ask the judge again to keep my passport once I go? This case is going on in High Court..can I appeal somewhere else?
A quick reply will be highly appreciated.
Thanks!
8 Answers from Attorneys
Re: Divorce Case questions
Yes your Passport can be impounded at the next hearing and you cannot leave India until the matter is closed. This is a normal presure tactic girls use to get good settlements or revenge.
Medical Certificates will get you temperory reprive and not final relief.
If the matter is befoore a High Court you can approach the Supreme Court.
Re: Divorce Case questions
ALREADY answered.
Sudershan Goel, Advocate
Re: Divorce Case questions
I could not understand why applied for the bail whn u were already out of India. My advise is not to return here ur Passport might be attached. Maximum the court can do is to ask ur surety to deposit the surety amount that is all.
Re: Divorce Case questions
your apprehensions may come true but generally high court will not do such thing on behest of somebody.
going to anyother court will not benefit you as far as i feel. and without documents and exact condition of the case i will not be able to advice more than this.
For further detailed advice please contact in person. Consultation charges of 25 USD shall apply.
Re: Divorce Case questions
Well you might have to stay down in India till the matter is closed and medical grounds is not the final relief.
if the matter is in HC then you can go to Supreme Court
Re: Divorce Case questions
High connections does not play any role if you have strong case, represented by a good lawyer.For other queries contact in detail as your reqire extensive reply.Contact with all details.professional charges applicable.
Re: Divorce Case questions
your passport can be impounded and can keep you in india you can approach the supreme court for relief
medical certificate may give you temporary relief
Re: Divorce Case questions
The High Court may after hearing both the cousel, asked the parties to take divorce.
The court may impound your passport if you return to India and if there is any criminal case is pending against you
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