How should NRI’s handle their divorce cases in India?
NRI divorce case are increasing in India. NRI’s are concerned with the complications in NRI divorce case in India especially if there are criminal charges filed on them. Decouncil has extensive experience in addressing NRI divorce case. Here we address some of their major concerns.
Will I get arrested when I land in India?
No, you will not get arrested with anything related to divorce or domestic issues. But if an FIR of criminal nature is filed then precautions need to be taken. Any arrest can be completely neutralized if anticipatory bail and other defensive approaches are taken by the lawyers.
Will they confiscate my passport?
The passport will not be confiscated in divorce cases or domestic issues. Passport can be confiscated very rarely for major crimes where the threat of person running away is very high and if he is a serial offender.
Do I have to travel often for court hearing?
A Client need not travel often for the court hearing. Client Exemptions can be taken by the lawyer or the client can even nominate power of attorney to another person who will attend his hearings. If there are major hearing then client presence is a must e.g during evidence, cross examination or during mediation.
Based on my allegations can my visa be cancelled?
Cancelling the visa depends on the country which issues it. Indian court doesn’t have much say in it. But 99.9% visa will not be cancelled in a divorce case as its a non-criminal issue. A lawyer needs to take ample measures to show the embassy and court that his/her work and livelihood is completely dependent on the visa and such visa should stay. A perfect lawyer takes all precautions to make sure the visa is not cancelled.
Is the decree given by present country I am working valid in India?
If a divorce case is filed in a foreign country and if an ex parte decree is awarded then that decree is valid only in that country and isn’t applicable in India as per Hindu Marriage Act. But if both the parties contest in foreign court and there is a judgement, the same judgement is valid and will be upheld by an Indian court.
Will 498a filed affect my job in a foreign country?
No 498a is not recognised by other countries and even if they do they consider and treat it as a very minor offence. So IPC 498a doesn’t have any bearing on your careers. But do ensure your advocate takes maximum precautions, as its better to be safe than never.