Proof

Proof (2005) IMDB rating: 7.00 Plot: The daughter of a brilliant but mentally disturbed mathematician (recently deceased) tries to come to grips with her possible inheritance: his insanity. Complicating matters are one of her father’s ex-students who wants to search through his papers and her estranged sister who shows up to help settle his affairs.

Actors: Hopkins Anthony,Gyllenhaal Jake,McCarthy Danny,Daszkjewicz Tobiasz,Houston Gary,Stinton Colin,Burnett Leland,Keefe John,Chung Chipo,Harris C. Gerod,Seth Roshan,Drama,

I am currently abroad and need help in sorting out my divorce in India.?
hi,
I am currently abroad and need help in sorting out my divorce in India.i and my ex separated in 2006 after irreconcilable differences and when we filed for a mutual consent divorce in Delhi district court he missed the hearing. After that I have been busy picking up my life and moving ahead.We also have a son together and he was at my mom’s place so that he is not affected and his father didn’t bother to share his expense or see him until April 09. He lied to my mother that he is taking him for holidays and since my son was eager to spend time with him I agreed and eventually he didn’t bother to drop him back at my mom’s place after holidays and continued schooling in the same school but managed to change all contact details of the school and school van. I was furious at first and later realized there is no point arguing. In the meanwhile i am married to my best friend now…and i am leading a happy life abroad. Anytime I raised the divorce with my ex he never responded properly and I just got fed up of his excuses and wanted to stat a new life. In fact there is no proof that we are married except for our son together as we got married in a temple and none of his family or friends were present.
Now he has sent by courier a document to my mom’s address from high court stating that I need to be present in April for the hearing. I really want the divorce and is there any possibility that I can get it without having to go to chennai?
He knows I am abroad and I am with my friend but does not know anything about our marriage. He just wants to make sure I am back to my old state of depression and health that I was during our early separation. I have also got to know now that he wants to remarry and keep our son with him. I am ok with this but just want it sorted without having to go back to India and see him and his family again.Is it possible for someone like my lawyer to represent me in the court on April 09?And what if Ido not respond..Will court grant default divorce if I am not present on that date?Even that would be great for me.
(A default divorce is when one party does not respond or appear in court and the case proceeds without him or her.)
hi,
i and my ex separated in 2006 after irreconcilable differences and when we filed for a mutual consent divorce in Delhi district court he did not attend the first motion.
He does not know I am married so how can I be punished?
Some sort of notice has been sent to my mom’s place through courier from high court with the request of court appearing date as April 2010.
I am not saying that the matrimonial law is dead there…its just that my ex has a control over everything. when i wanted it badly in 2006 he played mum and was travelling happily to the US and didnt bother about our kid and now when its my turn to take care of my life and job he wants me to forget everything and be there in india.
Also he dosent know my address or my contact details and he is sending all communication to my mum’s address.I just want to have a normal life after what I’d gone through and all this is making it very complicated.

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try contacting some legal service agency in India ,
hate late people | Feb 05, 2010

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Yu need not worry for anything as if yu did not appear the court will grant exparte to him due to yu absence on the hearing day.first yu should know whether he has applied for divorce or for the custody of the child or he asked the court to live with yu.if that is the case yu will be in big trouble.Better avoid him and the court completely and do not give any Communication or detail where are yu living. the court has no Powerr to give arrest warrant to yu as yu are in foreing place.but do not come back to india.
prem | Feb 05, 2010

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You are confused with the facts of your case.
Firstly you state you both moved for divorce by mutual consent in Delhi District Court, where he missed the hearing, what you want to say here is that after filling joint petition for divorce by mutual consent & after the first motion, your husband never appeared for second motion or what?
Than you state that he has taken the custody of the child by fraud which your mother had as you were not in India for which you are upset.
You even state you married your best friend on the assumption you were not having any proof of marriage but only a child hence you thought of doing so, which amounts to bigamy, a punishable offence & illegal marriage.
Next you state some sort of notice has been sent by the High Court for your appearance in the month of April, 09 (this date already passed last year). Now what sort of case is pending in which High Court is also not clear?
What all I can make out that you have taken your life & all the acts you state here as if the matrimonial law in India is dead for you to take it so easy while you sit in a foreign country.
Clarify all your facts in order to get proper reply.

EDIT:
As far the petition for divorce by mutual consent was filled but not expedited even for first motion thus resulted in its dismissal.
As far his not knowing you present marital status with another man is concerned that may be the case for the time being but if that comes in his knowledge afterwards and even otherwise the second marriage during the lifetime of first spouse is void in the eye of the law not only in India but through out the world as far for none Muslims & even in case of Muslims having more than one wife up to maximum four is right with Muslim men only.
You are not mentioning what is the notice sent from the High Court, any notice sent by any court has to mention under what provision of law the notice is sent & accompanying the notice is copy of the Petition/Appeal etc as the case may be.
The High Court is not the court where directly the matter relating to divorce can be filled nor it is the correct court for filling for custody/guardianship matter of minor child, in such case it is extremely important to know what sort of matter & under what provision that has been filled. May be a Writ of Habeas Corpus filled for the unlawful custody of the minor child, but in this case your husband already has the custody of the minor child hence that cannot be filled.
You even did not clarify which State High Court sent this notice at your mother’s address?
vijay m Indian Lawyer | Feb 05, 2010