• Husband left me and went to another country

Hello sir/madam,

My name is Rajini Kar and I live in Bhuvneshwar. I have been married for 12 years and I have
10 years old son and 8 year old daughter.

My husband family and my family lives in same town near Bhuvneshwar. 

My relationship with my husband & his family members were not that good but I was managing somehow for the sake of my childrens. My husband used to beat me (physically and mentally, long story) and from last 2 year things were very worst. So i decided to live separately & since 1 year now I am staying separately with my childrens. 

I am not working, my husband bear all the expenses.

Main issue:- Few days I came to know that my husband is not in India and after enquiring, I came to know that he has taken the Permanent Residency (PR) of Australia and went there without informing anybody (infact not to his family, friends, relatives). He dont own any property. 

After talking to him, he confirmed the same and told me that he will not bear any expenses any more, he dont want anyone in his life.

I dont have enough money to raise my kids, pay the rent, and take care of other things. 


I dont know what should I do ? Please advise.
Asked 4 years ago in Family Law
Religion: Hindu

2 answers received in 10 minutes.

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10 Answers

File a petition seeking maintenance from your husband for the sustenance of your children and yourself.

Also, file a petition for restitution of conjugal rights since you have been abandoned and deserted by your husband without any just and sufficient cause.

Contact a local Lawyer to file the above cases for you.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1)file complaint against husband under section 498A for continuous acts of cruelty

2) also file DV case and seek maintenance for your self and children , alternative accommodation, compensation for mental torture undergone by you

3) if your husband does not appear you would be granted exparte reliefs

4) in 498A case if he does not appear before IO he would be declared an absconder . His passport can be impounded

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

1. Your husband has acted very cleverly.

2. He has got permanent residency but he is still the citizen of India and is very much governed by the law of our Country.

3. Since you are staying separately for last 1 year, you should now lodge a police complaint u/s498A of IPC alleging dowry harassment and also file DV case and file an application u/s125 of cr.P.C. claiming maintenance for you and your children.

4. If you have his address, send him summons/notice through court for appearing for the hearings and your maintenance application will be heard first and interim maintenance order will be awarded even if he stay absent in the Court.

5. If he fails to pay the maintenance, Non Bailable Warrant of arrest will be issued by the Court and Ministry of External Affairs will be directed to arrange for his extradition through the Indian Consulate at Australia.

6. The Passport authority also may be directed by the Court to impound his passport to ensure that he is forced to return to India and appear before the Court.

7. Engage an experienced lawyer having expertise in this field to handle your instant case.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Hello Ranji ji

Its really unfortunate that your hubby left india without informed you and his family members. I would like to advice you that you have to effort lots to find out his address wherein he presently located in Australia . Further trace out his correct address then you can able file a case under Section 12 of D.V. act with mentioning each and every date of incident which had happened with you while living together. Please keep in mind that minor kinds also made a party in the maintenance case along with you. If you are not in position to engage an advocate, you have to approached legal cell of District court wherein your case can file. The legal cell will provide assistance and also will engage lawyer for you. He will contest the matter without taking any fee. I think you are not aware about the procedure that in the D.V. act you can also seek right to residence from your husband. Please enclose the rent agreement with your complaint case of D.V. act. So that Hon'ble court will grant you maintenance along with alternative accomadation i.e.rent. Your lawyer will appraise to the court and summons will issue upon him. if he would avoid summons of court, then non bailable warrant may issue and through indian ambessy he would served upon and will compele to appear in court and would pay maintenance as per his current income.

Regards

G.L.Soni

Advocate

G. L. Soni
Advocate, New Delhi
86 Answers
3 Consultations

5.0 on 5.0

1) If you don't have money to raise your queries and take care of children when husband run away from country. Who deserts their wives from life.

2) here you can file your complaint in NCW for free of cost, online complaint facility is also available go on site http://ncw.nic.in

National Commission for Women

The apex national level organization of India with the mandate of protecting and promoting the interests of women.

In this NCW Department you will get justice.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Hi

It is apparent on the face of it that your husband has deserted you and the children. So you will need to immediately file for

a) Interim maintenance under section 125 Cr.p.c or under section 24 of Hindu marriage act in any court of law.

b) Also file a case of domestic violence in the court nearest to you on the grounds of cruelty(desertion is cruelty) and claim compensation from your husband.

Please note that your husband has only relocated to Australia and that he still holds his Indian passport.

So you can still sue your husband in india and with the help of indian embassy in australia have him deported to india or make sure his commitments in india are met .

Please note that his Permanent Residency will also be cancelled if you can intimate the australian government of the fact that his desertion of you and your children. But to do that you have to file a suit in the appropriate courts and get court orders.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

You need to file the maintenance petition against him on behalf of you and your children in the court of law with the help of any local good advocate. Make sure you must have his confirm address of australia.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

You can file a domestic violence case against him seeking protection, residence, maintenance and compensation etc.

you have to file a maintenance case additionally for you and your two kids under section 125 cr.p.c. seeking monthly maintenance for all the three.

No doubt he will not attend the case or court for hearings hence there are possibilities that you may get exparte decree.

However you cannot make recovery from him until he is back in India.

You may put pressure on him by impleading his [parents and other close relatives so that he will run back to India seeing the plight of his parents.

Then you can get the decree executed.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

Hello,

Attachment of Salary from Husband's company / Govt. department (say work place) is one option. You may lodge a maintenance case here, a 498A case here and can thereupon approach his employer and thereafter you may approach the court in Australia or also you can approach the concerned ministry in India.

if in case you have financial problems then you may write through the Ministry of Home Affairs.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You can still file maintenance petition before family court. You can also file application under section 125 crpc as well as provisions of protection of woman from domestic voilence Act. You can serve summons to him vide ministry of external affairs and embassy in Australia. So file appropriate proceedings and claim ailmony from him for you and your kids.

Prashant Nayak
Advocate, Mumbai
27232 Answers
88 Consultations

4.4 on 5.0

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