- This topic has 45 replies, 23 voices, and was last updated 1 year, 3 months ago by
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UHii,
One of my relatives (F) went to Newzealand around 7-8 years back on the pretext of inviting her husband and kid once she started working there. She eventually took her kid (present age, 15) with her but, not the husband. She used his money and resources to escape and got remarried with an NIR. She even has another kid with him(6)The plot twist, she hasn’t divorced the husband yet and has used his name for all the official documents of the first kid (15,M). There’s a case ongoing in the Newzealand court and the husband has to pay a particular amount each month for the kid’s maintenance. She claims that she’s unemployed however she is working as well as her husband (have proofs regarding her workplace etc).
She has another kid and a working husband now but, she won’t divorce my relative and won’t let the kid talk to his father. The court instructed her to let him talk on weekends but, she rarely does that (whenever she needs the money).
The relative has only met the kid twice and talks over phone calls whenever she feels like (once a month, couple months or more and she never lets them talk alone.)
There’s a case ongoing but, it’s in the Newzealand court and obviously she has an upper hand. It’s been so long and we’re emotionally exhausted. Any suggestions? Please?
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FGet a good family lawyer, file for divorce in India and file and FIR for bigamy. Stop paying maintenance to kid, and stop appearing before courts in New Zealand (given the Husband in Indian and primarily resides in India). But getting a good lawyer is important.
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UI just updated the post after asking for more details, I’m sorry. Is the bigamy thing still valid if she has signed the papers but, the husband didn’t and he pays the maintenance?
We don’t care much about that just the kid actually.-
FWhat papers have been signed? Getting custody of the kid is a very nuanced thing and depends on a lot of factors.
If her second marriage is proper and she is just not living in a live-in with that man, and in that NZ court she filed that she is not married. Then in Indian Court use this as well to make your case strong.
Though given the facts the father should be able to get the kid’s custody, it will depend on a lot of factors. And practically speaking, by the time a decision will come regarding the custody of the kid, the kid would have crossed the age of 18 and the case will become infructuous.
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GOne party signing the papers doesn’t make it official. If the 1st marriage in India was registered, then that should still hold valid. Both parties need to sign the divorce papers, those divorce papers need to be registered in an Indian court, accepted and finally the marriage is deemed annulled/ended. Till such time, the wife (if at all she married anywhere else) is liable for a polygamy case. If she’s in a live-in relationship without getting officially married, then the polygamy case will not stick. But, in that case, a case can still be filed in India for abandonment/absconding from marriage.
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UContact the newzealand new husband and narrate the saga, conduct a genuine character assassination with nothing but the truth, maybe if he is of a genuine character he sees through her charade and OP’ relative gets some justice on a personal and (hopefully) legal level
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UTbh, the new husband knows one side of the story and has been living with her so long for him to believe us now. The woman used to beat the kid as a child here as well I’m sure she continued doing that because people never change. He saw everything and still chose to be with her.
Although I really appreciate your response and it’s true that we could try on a personal basis. Thankyou. -
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SShe must have taken ex-parte divorce in NZ. Because in many western countries if there is separation for a while it can be grounds for divorce. Every country has a RTI law where you can get all legal filings by her. If she hasnt taken divorce there either then file fraud and bigamy case both in India and NZ. Dont try contesting in NZ because lawyers in NZ are super expensive and unless he has a lot of money power better not try that route.
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USeperation for how much time is enough for ex-parte divorce any idea?
I shall file for an RTI, that’s a good advice. We’re fighting in India yes. NZ is too expensive for us to afford anything atm.
Thankyou so much.🙏💗 -
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RDoes the kid want to return? He is 15 and must be used to living in New Zealand. Would he be comfortable in coming back to India in a completely new environment ? I agree that her husband should get divorce but you must get the kid’s opinion too if he wants to return before fighting over custody
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UThe kid absolutely adores his father and even likes him better than mother because she used to abuse him. But, that’s a good point. Thankyou 🙏💗
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UBaki sb theek hai
>she hasn’t divorced the husband yet and has used his name for all the official documents of the first kid (15,M).
Irrespective of whether they divorce or not this is gonna happen. Just because she remarried the child legally does not become child of new husband.
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UI don’t want this to be public that is why I have an anonymous handle. My relative is uncomfortable with the whole situation getting public considering his work profile etc.
I’m sorry about your personal experiences.
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DAlso file a case against nri husband for second marriage if he is hindu . If he ever comes to India cops should be on the lookout. Better to retaliate and befriend local cops.
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UFor such a fraud ladies like her file a criminal and cheating case on her, file a case on her saying she sent death threats to you and your family.
try to harass their family and the NRI family, get the NRI and your wife work details and try to spread all the activities they did like remarrying and atuff to their office colleagues.
make sure the NRI and your wife comes to India by torturing their family members.
Once they come to india file criminal cases and attempt to murder cases with police influence make sure their visas are in trouble.
demand for your kids custody else the cases wouldnt be taken back -
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P1. He can file a divorce case in India, sending a notice to her to participate in the divorce proceedings in India. If she claims that she has already filed a divorce case in New Zealand, he can submit that he cannot proceed with that as he cannot travel unless and until she takes care of the travel expenses. He can also take the cover under jurisdiction, because the marriage took place in India and they last resided as husband & wife in India, the child was born and was living in India until she took the child away from him. He can also state that the divorce proceeding that is taking place in NZL is not letting him participate and his interests are not taken care of. [https://divorcebylaw.com/how-to-file-for-divorce-in-india-with-spouse-abroad/](https://divorcebylaw.com/how-to-file-for-divorce-in-india-with-spouse-abroad/)
2. For details on the procedure read through this [https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/)
3. Similarly child custody case can be filed by the husband from wherever the child last resided in India with the father. [https://divorcebylaw.com/child-custody-for-fathers-and-mothers-in-india/](https://divorcebylaw.com/child-custody-for-fathers-and-mothers-in-india/)
4. If she has already married and he has or can collect some proof with that effect in terms of photographs, messages from social media or through any other authentic source, he can also file a criminal case on her.
If you need further clarification please consult us [https://g.co/kgs/Lyt8ekr](https://g.co/kgs/Lyt8ekr)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
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UKeeping in mind that it’s a Hindu marriage, also the fact that she has filed for divorce in NZ, ask the husband to file a Restitution of conjugal rights petition. She won’t reply to the same, most likely. File for divorce on the grounds of mental cruelty, subsequently file a Guardianship petition. Cherry on top, file a complaint for bigamy and notify the NZ embassy of the same. Voila!
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USounds kind of suspicious. Why would an Indian stand in a foreign court if he or she has not committed any crimes there? If she has left and married another man then by Hindu Law it is not legal I.e. the husband has a clear case against her no need to appear in NZ court. I think some facts and details are hidden here. I mean did the husband not even consult a lawyer before appearing in NZ? Things not adding up.
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UI didn’t want the post to be so long that people scroll past it. Sorry.
She signed divorce papers when she came back once but, the husband did not sign anything.He never appeared in NZ and is consulting a lawyer ofcourse but, it’s talking so long so I thought I should ask some people from the same field.
She filed fake cases of harrasment against him.He just wants the fake cases to be removed.
He wants the custody thing in his favour.
The child likes his father better but, of course he’s not forcing the kid because the quality of life would be better there in NZ according to him.I didn’t mean to hide facts. The post would’ve been too long.
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