Wednesday, September 11, 2013

don't think you'll get ex parte divorce sitting abroad. Foreign courts consider EVEN e mail from WOMAN !!, However MEN & elders have to run up and down to Indian magistrate , sessions courts IF wife files 498a, other cases

Ablaa naari, wife who says she is surprised by a divorce from abroad, has moved a local police station to file a case of DOMESTIC Violence !! now do NOT ask me when the violence happened , where it happened and what jurisdiction.... snippets from TOI are give below 

TOI : "........On July 5, the girl received a letter from the Australian court, which stated that Desai had filed a divorce petition. She then approached the Vastrapur police station and registered an FIR against her in-laws for harassment and domestic violence. Four of the eight accused persons have moved the sessions court, which is scheduled to hear their anticipatory bail plea on Tuesday, said the girl's lawyer Jayesh Kotecha......."

Having filed police cases on husband AND FOUR of husband's family (why only 4??), she is also stopping his divorce from Australia !! 

Brave girl I'd say 

TOI : "...........Besides, she also dashed off an e-mail to the Australian court taking exception to the divorce decree on July 10. The court official even called her up on August 2 after receiving the email. The next day, the court intimated her that her protest petition against the divorce has been admitted......."


***************************************************************


'Divorced' girl takes fight to Australian court

Mayur Joshi, TNN Sep 10, 2013, 03.35AM IST

(The couple got married on…)

AHMEDABAD: A 28-year-old girl from Ahmedabad has made her fight for justice cross the seven seas. 


She has approached the Federal Circuit Court of Australia which had allowed her husband to divorce her without hearing her side of the story. 


The court has taken cognizance of her email and will decide on Wednesday if her statement can be recorded through video-conferencing.

The couple got married on March 7, 2011, as per Hindu rituals. She was allegedly harassed by her in-laws and soon thrown out of her husband's home. The two later patched up on the condition that she give up her job.

The girl quit the job but the harassment allegedly did not stop and was sent back to her parents when she fell ill. Here, she found out that her husband was planning to emigrate to Australia and confronted him. He promised to call her to New South Wales in Australia as soon as he settled down. He flew out on January 17 last year and snapped all communication with his wife.

On May 6 this year, Desai's uncle approached her and allegedly obtained her signature forcibly on documents, which she suspected could be her consent for divorce.

On July 5, the girl received a letter from the Australian court, which stated that Desai had filed a divorce petition. She then approached the Vastrapur police station and registered an FIR against her in-laws for harassment and domestic violence. Four of the eight accused persons have moved the sessions court, which is scheduled to hear their anticipatory bail plea on Tuesday, said the girl's lawyer Jayesh Kotecha.

Besides, she also dashed off an e-mail to the Australian court taking exception to the divorce decree on July 10. The court official even called her up on August 2 after receiving the email. The next day, the court intimated her that her protest petition against the divorce has been admitted.


http://articles.timesofindia.indiatimes.com/2013-09-10/india/41935734_1_divorce-decree-protest-petition-anticipatory-bail-plea



*****************

FOLLOW http://twitter.com/ATMwithDick on twitter or http://vinayak.wordpress.com/ on wordpress or http://evinayak.tumblr.com/  FOR 100s of high court and supreme court cases
  
  
regards
  
Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist