A man that I know has just left his wife in India and went back to home in Paris without telling her, after the marriage he hasn't been talking to her or done anything physical, it has been only 2-3 weeks since they got married and he has already gone and done this. I wanted to know has he done anything illegal here or not and can you press charges on him?
If he hasn't done anything illegal , is there anything we can do about this?
1) wife can file police complaint against her husband under section 498A of IPC for continuous acts of cruelty if husband has deserted his wife 2 weeks after marriage
2) police would issue notice to husband under section 41 A of cr pc to record his statement
3)if accused fails to appear before police then look out notice can be issued against him
4) his passport can be impounded by application to RPO
wife can file DV case against her husband seek right to stay in matrimonial home or alternative accommodation
2) wife can also seek maintenance from husband , compensation for mental torture undergone by her
1. A man or woman who after marriage leaves his/her spouse and goes out of India on a valid passport and visa commits no illegal act.
2. The wife can at the most file a petition for restitution of conjugal rights against her husband, meaning thereby that she can seek a judicial decree against her husband directing him to resume cohabitation with her.
3. She can also adopt her remedies under the French legal framework.
1. Abandoning a wife is surely a civil as well criminal wrong.
2. For this his wife can file case of maintenance under pwdv Act.
3. if she raises allegations of dowry demand behind his behind his wife then criminal case u/s 498A would also be initiated.
4. SO after marriage deserting wife is never a prudent thing to do at all.
The wife's family spent about 4-5 lakh rupees on the wedding, they saved up for years for that money as they come from a poor background, and the husband goes and leaves her after they spent so much on the wedding, is there anything they can do to get that money back from the husband family or have they completely lost all that money now?
Wife can claim compensation from husband by filing DV case
How did the marriage take place?
Where are his parents, what is their reply to this?
Did the bride contact him, if so what was the reason stated by him.
Whether he is elusive or whereabouts not known,,,?
There has to be somebody responsible for this in this country
It cannot be said that he has committed an offence.
However if you suspect something fishy then a criminal complaint for cheating offence may be lodged.
Without knowing what his intention it will be too early to decide anything on this. His local relatives may be contacted and pressurised to get him back to India.
Don't rush with any legal action in haste
Now you have to look for saving the marriage first.
Recovery of money spent will arise If his act of cheating is established.
After that his parents also can be implicated in the fraudulent act case against them.
1.The wife can file case for her monthly maintenance by filing a case under PWDV Act.
2.In the said case she can ask for marriage expenses also.
3. She can file case u/s 406 IPC also to get back the money.
They will have to file a suit for recovery of money, but if the husband is based out of India then even service of summons on him will be an uphill task. The courts in India can compel the appearance of the husband through a warrant in execution proceedings. If his passport is impounded then only you have a ray of chance that he may be brough to book.
Dear Querist
abandon the wife after marriage is cruelty and based on this she may file a divorce petition against him before court and also claim maintenance and alimony from him under section 24 of Hindu marriage Act-1955, u/s125 of Criminal procedure code-1973 and Hindu Adoption & maintenance Act
she may file a complaint under section 12 of protection of Women from Domestic Violence Act-2005 and claim protection, right to residence, monetary relief and compensation as per section 17,18,19,20&22 of Act-2005
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