You were married in India hence Indian courts have jurisdiction
2) you should contest maintenance case
3) if you don’t contest wife can obtain ex parte order
4) better to contest maintenance case in India
I am an Australian citizen and my wife was Indian (based in India), I got divorce in Australia without alimony as we don't have child and Australian laws consider all factors before granting any maintenance, she filed the case in India upon not getting any maintenance from Australia, we were married in India. She has demanded huge sum as maintenance by falsifying my income. Note: I don't have any obligation in India, I got very few long distance relatives, no assets, and no obligation to travel to India. Questions: what can happen if I don't consider paying or fighting case in India. Please note I don't want any black spot of any sort anywhere, hence looking for options and suggestions.
You were married in India hence Indian courts have jurisdiction
2) you should contest maintenance case
3) if you don’t contest wife can obtain ex parte order
4) better to contest maintenance case in India
The ex party order is already out, apparently the lawyer I hired he appeared only once and never appeared in court therafter, he took money but never showed up. what if I don't obey the order and leave it as is. As per my Australian lawyer I need to follow Australian laws and Indian court can't execute order here in Australia. Question: What will happen if I don't pay? What can I do as my lawyer did not appear in court? can I challenge the ex party order somewhere?
Take out application for setting aside expert other
file complaints t against lawyer before the bar council and annex it to the application
if you have any assets in India wife can seek attachment of your property /bank accounts to recover the maintenance amount
Thanks for Info, lucky there is nothing in my name in India, follow up question. 1) can I change the city of jurisdiction as her father is influential in her/my hometown and probably lawyers from that city succumb to their pressure or don't work for me. 2) My mother got some property at my hometown, can she ask for her property in terms of maintenance recovery.
Dear Client,
If you ignore the maintenance order from the Indian court, your ex-wife may seek to enforce it. Since you don't have assets or obligations in India, enforcing the order directly on your assets may be challenging for her, but if you did have any assets in India, the court could order their attachment to recover the maintenance amount. However, this may take toll when you decide to travel or engage in business activities in countries that scrutinize your legal history especially India. It is advisable for you to file an application to set aside the ex parte decree if you can show sufficient cause for your non-appearance in court. You may argue that your lawyer’s non-appearance was without your knowledge and that you were unaware of the proceedings. If you believe that your ex-wife has falsified your income, gather and present accurate financial records to the court. Hire a reputable and reliable lawyer in India who can represent your case effectively. Should you require any further clarification, please do not hesitate to contact us.
You cannot change city of jurisdiction.convenience of wife is generally considered by courts
2) your mother property ca. or be sold to recover dues payable by you
- As per law, a Mutual Consent Divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of CPC and also on account of comity of Nations.
- Further, if the matter is contested between parties in US Court, and after due adjudication and trial, divorce is granted, then it will be valid and binding in India.
- If, the matter is uncontested, one party comes back to India where marriage had taken place and contest proceedings in India, divorce as granted by US Court will not be applicable in India.
- Hence, if the said divorce decree was granted on mutual consent of both the parties , and both the parties appeared before the Court , then only that decree of divorce is valid in India, otherwise the decree has no legal status in India.
- If you not contested the case filed by her , then she may get ex-parte decree in her favor ,and further she will apply for the execution of the decree after sending a notice & warrant against you.
- Yes, you can file an application before the same court for setting aside the ex-parte order/decree
- Legally , she has not right over the property of her in-laws , and even that property will not considered for deciding the maintenance.
As she has filed the maintenance case in India, you can very well challenge the same if she is earning and drawing a handsome salary income or having good source of income to sustain her expenses and maintains a decent living.
No doubt she will not be able to extradite you to India if you choose not to contest the case and have been set exparte, in the result the decree obtained by her would remain in paper alone, especially if you have decided to not visit India, then she will not be able to recover the maintenance amount from you.
She cannot be able to execute the orders passed by Indian court in this regard at Australia if you remain silent about the orders and do not respond to any summons in any manner.
Your lawyer cannot continuously represent you in your absence and it is pertinent that your presence was essential before court during the time of evidence, hence your layer's absence may be a blessing in disguise.
Hence you better remain silent about it without trying to get the exparte set aside.
As you do not have any assets in India, she will not be able to get the property attached, besides, if you come to India to contest this case, then you will bound by the court decision, i.e., in case she is not employed and do not have any income then the court will pass the orders against you, in that case you will not be able to return to Australia also.
Think over it before taking any decision in haste.
The case has already been disposed though it was a exparte decree, besides it was a case filed by her, hence there is no reason nor your application for transfer of the same without any valid reason will not be entertained by court.
Your mother is not a party to this case hence her property cannot be sought to be attached for the purpose of maintenance
1. If you do not want any black spot of any sort anywhere, you should contest the case filed by your wife in India.
2. Please note that you have married in India as per Indian Act for which you should also get the divorce decree passed by Indian Court or get the divorce decree passed by Australian Court approved by Indian Court for which you shall have to file an application to that effect before the appropriate District Court in India
1. You can appeal against the said ex-parte order before the Appellate Court.
2. If you do not comply with the Order passed by Indian Court, you shall be charged in India for non compliance of the Court Order,