125 case - i am nri and my wife

Anonymous

Replied 1 year ago

thanks for your response and its very helpful. Wife's family is demanding Rs 30L for mutual divorce. Apart from this she has already taken jewellry worth 16L, cash around 15L and my investment bonds amounting to 20L. Also I have transferred rs 8L to her father, mother and brother when they were facing financial difficulties due to loan they had taken to construct a 4 stored commercial mall in India as the creditor as about to evict them from thier house. After she has taken all of my hard earned money and parents jewellry, personally I am left with no money if I have to pay Rs 30L now for mutual divorce that too its not very sure they will turn up at court once they recieve money as they dont keep thier words. They even suggested me to take loan in the country of my residence and run away to India with the money using illegal channels like - One of wife's friend will help in taking money to India in her and children's luggage to avoid authorities at airport. They are also making claims on my ancestoral propertly which is even not on my name and has almost no value. They have falsified everything about me just to harass me as I dont fall in line to pay them money. I live very simple life,doesnot even own a house or have a car in the county I stay as NRI. They even suggested that I am tax defaulter wheres I am duly filling tax returns in India and my country of residence.Apart from this they have also made claims that I am unemployed, dont have legal visa and Indian passport but at the same time made claim that I earn Rs 5L per month which contradicts with each other.All the charges were rejected by the police in 498 case hearing. I have told them to report me to income tax authorities if they feel I am tax defaulter, report to embassy in India and foreign govt if I am faking employment,report to immigration if I have gone abroad with illegal passport and visa or do whatever they can.
I have 2 additional questions
1. How to get away with such people in these circumstances? They are not only making false claims about me but also showing me the path of crime. I feel they are mentally sick as they watch hindi movies related to crimes.
2. 125 case was filled in Jan 2021 but no summon has been served to me till date. After 5 hearnings court has given the 6th date in dec 2022. Father in law called me and said why I am not accepting summons but I am not in India to accept the summons. My country of residence dont recognise forign courts orders and serving summons in matters where govt of India is not a party it is impposible for even embassy of India to serve summons but father in law always says that govt iof India is under his control and will bring me on road if I dont pay him the money.I ignore him but how to bring the 125 case to court hearing for contest if there is no way to serve summons to me. On the first instance the case was registered with my Indian address whereas I have never been staying at the address for last 11 years.I am not even in the voters list in India at the Indian address and my passport is issued by Indian embassy outside India.