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
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
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
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..
- 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.
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.
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
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
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
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.
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.
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.
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
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.
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
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.