Hi, I am a working women. My husband abandoned me and my daughter and started living separately, it been 2 years now. He blocked all contacts with me and yday i found out that he is not even in the country and has moved to US. During last 3 months i tried to contact him (via friends of friends) and sent him a lot email to which i didnt get any proper response. Once he said he is not in town(actually he wasnt in the country). Now when i found out yday that he has moved to US. How can I get a divorce in such case.
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See you can file divorce on ground of desertion and cruelty against husband under section 13 hindu marriage act serve the notice on last known address of his if he doesn't appear court shall proceed exparte divorce in same . Claim interim and permanent alimony in the divorce.
Further also file crpf 125 application for both you and your kid for maintenance once court give order for execution of same if husband is not.comming is property can be attached.
As he is not in india how will he receive notice? What are the chances of getting alimony, since I am a working women, I would like to claim alimony. He has an apartment in bombay, and parental property. He might have sold the property as he has gone for higher studies. What if he shows that he is studying hence cant afford alimony. Also how can I make him come back? Can i write to his university that he ran away. His passport says he is married, how can he elope without taking consent from wife.
Dear client.. get his correct Address.. and file divorce case in baBangalo.. and then court will send summon to him .. once he receives summon he needs to come.. and file for alimony..
Need not worry you will be entitled for one time maintenance and for your daughter all maintenance and expenses till she gets married.
You need to make complaints from external affairs ministry department and trace his address and on that address you can send summons to him. Still he.is not responding than you can apply for his passport impounding.
File for divorce on grounds of mental cruelty and desertion
2) husband nor staying with wife for continuous period of 2 years amounts to desertion and is ground for divorce
3) seek interim maintenance and alimony from husband
you have to serve notice at his last known address
2) If summons cannot be served apply for substituted service ie paper publication in 2 local newspapers
3) if your husband is not working and you are employed you may not get any alimony
4) you cannot force husband to come back merely. Because you filed divorce case against him
Rest, you can contact me through Kaanoon for further legal assistance....!
Good Luck...!
Dear Madam
The following FAQ’s relating to abandoned husband will helpful to you.
My NRI husband has abandoned me. What should I do?
i. If your NRI husband has abandoned you in India, you can immediately file a complaint/ FIR under 498A IPC on grounds of cruelty with the police in the local police station in the area where you were abandoned.
ii. Offences committed outside India would be deemed to have been committed within the territory of India by virtue of Section 188 of the Cr. P.C. Therefore, you can lodge a complaint for the same in India.
iii. If your husband has abandoned you in a foreign country or harasses you in any way, you may approach the local police. You may also immediately contact the following in case of an emergency/to seek assistance in the foreign country:
Indian Embassy in the foreign country
Employer of the husband
Local Indian associations and networks of Indian citizens in the area of the residence of your fiancé
Friends and relatives in that country
How can a woman search for location/whereabouts of an NRI husband?
You can contact your family, friends, neighbours etc. or Indian associations/NGOs etc. in the country where NRI fiancé is resident. The list of such associations is available on the weblink http://moia.gov.in/writereaddata/pdf/list_indian_women_[deleted].pdf .
Can I approach National Commission for Women (NCW)?
Yes, the National Commission for Women in New Delhi can be approached to seek help. NCW is the nodal authority and the apex national level organization of India with the mandate of protecting and promoting the interests of women.
Based on the recommendation of the Parliamentary Committee on Empowerment of Woman (14th Lok Sabha) on the subject “Plight of Indian Women deserted by NRI husbands”, National Commission for Woman was nominated as the Coordinating agency at the National level for dealing with issues pertaining NRI marriages. In furtherance to this, NRI Cell was formally inaugurated in NCW on 24th of September, 2009 to deal with such complaints
Contact Details:
NRI Cell- National Commission for Women
4, Deen Dayal Upadhya Marg
New Delhi-110002
Email: [deleted]
See send notice to old address if that returns , a paper publication can be done and notice via mail can be sent.
See for child you can claim maintenance and there are chances to claim.permanent alimony.showing expenses.
He need to give proof of same further if he is not able to give and he is really studying then it would be difficult for you to claim alimony though child maintenance can be claimed.
See for.going.out no consent of wife is required , bringing him back is a difficult issue as passport are not so easily impounded and now after two years no criminal cases as such are maintainable so you file 125.crpc in that if he fails to appear court shall give exparte order and for execution of same can issue Warrent.
Instead of straightway filing a divorce petition, you are advised to file a petition for restitution of conjugal rights.
In the above petition, you need to mention both his permanent Indian address and the his US address
The Court will send him notices through the Ministry of External Affairs.
Once he comes to the table, you may discuss the agenda of mutual consent divorce and seek damages.
In case he finally agrees for mutual consnet divorce, you may negotiate on the aspect of getting a one time alimony from him; irrespective of the fact that you happen to be working.
Dear Madam,
You just file divorce case and claim for huge alimony and show your husband’s last residence address in the divorce petition. Get paper publication and get the divorce decreed with alimony. It will be decreed easily by keeping your husband as ex-parte. Then go for executing the same by various modes.
you can ask share in the property of your father in law, File a Domestic Violence case,you can ask for the share by filing petition in that case.
you can get residential order from the court to live in that house separately. you file petition immediately for residential order and court will consider the petition and grant order in favor of you.
Dear Cleint,
Notice will issue on his last known address. Due compliance even if returned unversed. Wife entitle to alimony acc. to husband life style, mere earning wife no reason to deny alimony and daughter for sure.
Dosen`t matter, It is obligatory on husband to maintain wife and daughter. Wife consent not required, only if you will file criminal complain against him, his passport will impound.
Whether he is outside of India or inside you will get the alimony so please don't delay file immediately two cases one u/s 125 CrPC and also a case under Domestic Violence Act and be brave.
You can file a divorce case and send summons to his last known address.
Let it be returned undelivered after which you can follow further procedures and get an exparte divorce.
You may consult a local lawyer in this regard and move on as per the advice and suggestions received
He can travel abroad without any problem and he need not take your permission or consent for this.
You are a working woman hence you will not be eligible for alimony or monthly maintenance.
If the divorce case summons are returned undelivered then you can take steps for substituted service of summons.
After that you can get an exparte divorce.
However you cannot make him to come to India by any means.
01. As working women, you cant take alimony from him.
02. No need to get any consent from wife to go to foreign countries.
03. You can file complaint to police station under habeas corpus, pretend you are not aware about his whereabouts. there is a chance Police will trace and contact him.
You can file a case against him under Section 498 a of IPC and Domestic Violence Act for abandoning you and your daughter at this point of time you have to file FIR and police has to find out him and his family as you are a working woman maintenance is not allowed in case of you but your daughter will have all the right as child from her father for her maintenance and education if there is a divorce case filed by either you or him then only the matter of alimony arise for the time being you have to concentrate on the cruelity and domestic violence ant to bring your husband in the purview of law
Hello,
File a case against him and his family members in India so that some pressure is created and he comes to settle the case with you by paying the alimony
Getting just the divorce will be easy as you will have to file the same on the ground of desertion and even if he does not comes then also the same shall be granted to you ex parte.
Regards
file a divorce if you desire. You can claim alimony u/s 125 crpc, domestic violence and before family court. you can serve the summons to him through external affairs ministry and embassy if yo know his place of work or residence.
