My wife deserted when we returned back to my hometown and left for her parents home. From there she used to write offers to other N R I men that she is lonely , I am cruel and tried her luck. There was some sort of affair , that did not work out. Now she wants to come back and I am not interested in keeping her. Even while we stayed there were excerpts of her cruelty+disloyalty on me. Some of these are recorded.
Now I asked her parents to come and talk about mutual consent divorce. I know the game they played and whatever emtional drama , they do , its all over. They gave false assurance and did nothing at all.So I sent the lawyers notice ( so they will come on talking table ) but instead they file R C R on me .
Respected sir - I have some specific Questions ?
-- My parents seem to think that given the red tape with law , I will tire myself , if I file case. I told them , I will legally cut myself off from them so that they are not dragged. But I wonder- what is the importance of Recorded evidence ( taped ) where
<> She confesses to something.
<> She refuses to come back .
Is this considered SOLID evidence , at any stage of legal process ? if not in Fam court then higher court ?
-- Her lawyer seeks special permission to send summons using her name .. Is this permissible by law ? I thought R C R Summons have to be Sent my her Court via Regd. Post or bailiff .....Is it legal to use pvt channels to send R C R .
my brother signed that package my mistake but we did NOT break the seal and sent it back but on court hearing date they did NOT say that the summons was returned back.
-what can I do to convey to her court that those summons were returned back and I have not been served properly ? Can I ask my parents to write letter to her court saying that so and so envelope arrived at our home in my name. It was signed in error and we returned it back to the sender and that Mr XYZ ( myself ) does not live here . He has cut off ties . You can find him wherever u want.
--Finally is it not true that Summons HAVE to be signed by the defendant and unless the defendant appoints a POA no one else can sign them ..and I did not appt. anyone as my POA . So how can it be valid ?
- If I DONT DO anything at all on this R C R what is the final result ? what is the worst case scene..will my name appear as criminal in PO or DV act chance ....
- what is the best strategy here ..should I file divorce, return back to india and fight .? should I challenge the r c r ( though my adv. says that u will loose that R C R as court will ask u to take her back )
Please give me so direction