Legal Question in Family Law in India

Divorce Case question

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!


Asked on 7/30/07, 12:03 pm

8 Answers from Attorneys

Alok Sharma Alok Sharma & Associates

Re: Divorce Case question

Many details are missing. I will like to see your bail order only that can reveal the language and reasoning of the judge. The judge can sure pass the order for your appearence before him but how the divorce case has been connected will require perusal of the bail order. Your fears seems imaginary.You can contact me for further advise on my e-mail.

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Answered on 7/30/07, 1:41 pm

Re: Divorce Case question

unless and untill you are granted permanent bail,you must have to appear before court.You can merely gain some time by delay tactics but ultimately you have to appear in court.judge can compel you to return to India by several means and can also confiscate your passport but ther is nothing to be dishearted there are ways to tacle the situation.You may also approach Higher court if you find the order of court immproper and unjust.Contact with all details and documents for detailed advise on subject matter but take note that advise shall not be free of cost.

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Answered on 7/30/07, 2:04 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Divorce Case question

In a case like this, the Courts in India are empowered to :

(a) direct personal appearance of the parties in divorce cases;

(b) pass an ex parte order in case of non-appearance;

(c) if you appear in the court, you can be asked to deposit your passport in court;

(d) in a criminal case, it is the usual practice to ask the accused to deposit his passport and furnish an undertaking that he will not leave the country without prior permission of the court;

(e) An order passed by High Court can be challenged in appeal before the Supreme Court of India.

An appropriate advice can be offered ONLY after perusing documents of your case. Please send all the papers as attachment with your e-mail.

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Answered on 7/30/07, 10:23 pm
Rajendra Babbar Rajendra Babbar & Associates

Re: Divorce Case question

yes offcourse the judge can give such directions.If not satisfied you may move to superiorncourt challanging such direction.For further advice send the copy of the bail order in my email [email protected] so that the actual wordings may be perused.

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Answered on 7/30/07, 10:31 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Divorce Case question

your passport may be impounded only in exceptional circumstances where the court feels that you may jump the bail but in normal circumstances the court can not compel you to come back. THIS CASE PERTAINS TO WHICH STATE. DO SEND ALL THE DETAILS INCLUDING COPY OF F.I.R. FOR FIRM SUGGESTIONS.

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Answered on 7/31/07, 12:56 am
G. M. Gupta gmguptaandassociates

Re: Divorce Case question

already replied

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Answered on 8/01/07, 4:53 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Divorce Case question

i have replied to your question previously for more information pls mail me with more facts

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Answered on 7/31/07, 3:29 am
rajeshwar sharma rajeshwarnathsharma

Re: Divorce Case question

Read the answer of Question no-110379441

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Answered on 8/01/07, 9:18 am


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