• Husband ran away

My husband ran to Canada for studying - 2 years

I think he has abandoned me

I don’t know his university or college 

His parents doesn’t talk to me

What legal action can I take against him

Pl advise
Asked 4 years ago in Family Law
Religion: Hindu

2 answers received in 10 minutes.

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15 Answers

File petition for RCR 

 

2) seek interim maintenance from your husband 

 

3) also file DV case against husband seek right to stay in matrimonial home , maintenance and compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

You can file for divorce if you are of the opinion that the relationship can not be revived.

You can file Domestic violence complaint against your husband and in laws. 

You can also claim maintenance as well as place for residence and permanent alimony depending on many other factors of your case.. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

- As per law, your husband is bound to provide you the enjoyment of life , and to share his feelings .  

 Since, your husband has deserted/abandoned  you , hence you should to take legal actions against him , inspite of apologizing.

- Firstly, you should lodge your complaint with the police & CWC , against him and his family members .

- If they will not come forward for reconciliation before the CWC, then the official of CWC will lodge an FIR against him and his family members under section 498a.

- If, you want to continue , with him, then you should file a suit for Restitution for conjugal right before the family court. 

- Further, you can also file a petition under the Domestic violence Act as well , and also can ask for your maintenance as well.

- Court has its power to call your husband from Canada , under the following provisions , i.e 

The Ministry of External Affarirs, has, on the basis of Look Out Circulars/Non-Bailable Warrants/Summons/Court Notices, suspended passports under Section 10A of the Passports Act, 1967 and impounded/revoked under Section 10(3) of the Passports Act, 1967, of Non Resident Indians (NRI) husbands for deserting their wives. 

- It is not necessary , that your cases will result into divorce against your will. During the case you can settle the matter amicably.

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

File FIR of domestic violence and dowry demand. And send the copy of FIR regional passport office. Police will issue him notice to appear, if he not appear,  his passport will impound.

Confirm extradictiion. Also file petition for maintainance, notice will issue at his address. If he will not appear, court will pass ex parte order. Than warrants will issue to recover maintiannce.

PP impound. 

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

An fir must be lodged against the husband and his parents for defrauding and cheating you. Also ministry of external affairs must be informed so that his passport be impounded and he be summoned.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Very simple lodge FIR of 498a, 406, 307 of IPC, then send it to Indian Embassy and Canadian Embassy stating a criminal is in your country, send him back and i hope you have xerox copy of his passport and also attach parents name and watch the joy of happiness on your part, get a good lawyer too

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Hello,

If you have the proof that there is a valid marriage then immediately file a criminal case with the help of a good criminal lawyer and once the court issue a non bailable warrant he can brought to India.

Regards

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

See you can file a complaint against husband and his family for cruelty and harassment with the police also if you can file for maintenance under 125 crpc.

In case further you don't want to continue relationship.with him you can seek.divorce on ground of cruelty.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can issue a legal notice to him to his last known address.

If you still want to live with him then you can file a RCR petition addressed to his last known address. 

You can obtain an exparte decision and barge into his parents house, stay there permanently on the basis of the RCR judgement got in your favor.

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

Your husband have all the responsibility to keep you well and maintain the healthy relationship and if you are being your are facing cruelitycby inlaws and not in contect your husband your fear is real and you need to take immediate action and file 498a FIR in police against all.

At least this will give you the opportunity to know the actual position  and if your husband is even on student visa you may go there and live with him.

This is cruelity against you to not have the contact with your husbank and his where about.

Immediate action is requires if you wish to save your marriage by taking various other legal actions.

For discussion in detail you may call me.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Dear Madam,

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

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

You can make online complaint on ncw sites and ask to impound husband passport.


http://ncw.nic.in/

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

1. What do you want?

2. If you want to dissolve the marriage then you are free to file a petition for divorce on the ground of cruelty and desertion but you require his last known address in Canada to file the petition.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You can file a domestic violence against him and her parents. You can claim residence rights in the parents house if it is a matrimonial home. You can also claim maintenance under domestic violence Act and 125 crpc 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

You should lodge FIR against your husband and in-laws under section 498A, 406 IPC 

Send a written complaint to SP and National women commission against your husband and in-laws.

File maintenance case against husband. And DV case against in-laws.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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