• Husband left for aboard within a month of marriage and did not turn up till now

Respected Sir/Mam,

One of my friend got married to a person who stays in Australia. Marriage happened in Hyderabad as his parents stays there, Since 2 year no communication from his end to the girl and the girl was sent to her home sayins ashadamasam in 2018 till now they haven't taken her back. THere were some discussions happend for extra dowry and she was be absued till the time we was in thieir house. She raised a complaint in the police station thinking that they will help her in brining her husband back till now nothing happened. Case moved to court and no further action taken on the family nor on the NRI husband.

Can you please advise on how to team them a lesson and bring him back to India
Asked 5 years ago in Family Law
Religion: Hindu

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22 Answers

Hello,

  1. There are many complaints that can be filed against the husband and the family that have been demanding dowry from the lady. You can file an FIR under section 498A of IPC with the police for marital cruelty and relevant sections of dowry harassment.
  2. She must also file a complaint under domestic violence and seek interim reliefs of protection, restraint, prohibition  and maintenance.
  3. If the wife does not wish to remain in the relationship she can file for divorce on grounds of desertion and cruelty.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

Wait for police investigations to be completed and charge sheet filed 

 

2) if husband does not cooperate with investigations warrant can be issued against him 

 

3) he can be declared an absconder and look out notice issued against him 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

File a complaint in the embassy for cancellation of his visa along with the court case copy.

File a RTI in the police department for having a status report of the complaint. 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

I think in this dispute is girl is willing to go  for divorce then  definitely she  have right to do so as she is separated from last two.

It seems that there is no case registered for dowry demand and domestic violence you have to file these cases if necessary and the other party is not responding let them come to the court for early decision.

Also at the same time case under section 125 CrPC for maintenance should also be filed in family court if the girl is not working and dependent to her family

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Daughter in law has no rights on in laws property 

 

she can file DV case seek alternative accommodation, maintenance and compensation for mental torture undergone by her 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

This is fit case to go to the police and file cases for domestic violence and cruelty against the husband and family along with the legal action.

Having relationship adultery will help only in getting the divorce and is not punishable.

 

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Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Hello,

  1. Legally, there is nothing that stops the lady from going back to her matrimonial home. And she must do so as any cases that she will need to initiate as suggested will have greater impact if she is in the matrimonial home.
  2. On the contrary, if she is looking to continue in the matrimony, she must file for restitution of conjugal rights.
  3. If she wants a divorce as well, then it would be advisable to file criminal cases against him and get a warrant issued against him for dowry harassment. It is pertinent to mention that as he has been away for more than 2.5 years it would not be easy to compel his return to India with immediate effect. The pressure must be kept up though.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

If he is a foreign citizen, it may not be possible to bring him back  to India.

However a cheating case and dowry harassment case against him and his family members and followed up vigorously through police would being some respite.

Also file a DV case seeking monthly maintenance and return of dowry articles as well as compensation against everyone for the tortures meted out to her would also bring some pressure on them.

If it is felt that it is no more possible to live with him then she can even file a divorce case against him.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

It will not be possible to bring him back to India by any means.

You can catch hold of him only when he returns to India.

She is entitled to live in her matrimonial home till she is legally wedded wife, hence there is nothing wrong in she deciding to get back to her matrimonial home.

If they object then she can file a petition for residence and with the order she can rightfully enter into  that house.

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

- Since, her husband has deserted her; hence she should to take legal actions against him.

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

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

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

- Further, she can also file a petition under the Domestic violence Act as well and also can ask for her maintenance  with residential right as well.

- Court has its power to call her husband from Australia 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 this cases will result into divorce against her will. During the case she can settle the matter amicably

- Since, she has already filed the case , then she should move an application to summon him through Consulate in Australia. 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

You can file RCR petition in family court to get him back and serve it through Ministry of external affairs. You can also file contested divorce if you want the same

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

Is the FIR lodged or not ? If not than file FIR through court for dowry demand, DV and criminal breach of trust. Police will issue noitce to them to appear before it. If not appeared, passport may impound.

Also file maintenance petition in court. Pressure will create on them.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

Is she had lived with her in laws after marriage than she can directly go and stay there with the support of police or by the order of court. 

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

Yes, she’s has a right to shelter in her matrimonial home. If she’s being denied that, she can prefer a complaint under the domestic violence act.

this girl must also prefer a petition seeking restitution of conjugal rights and should also seek maintenance from her husband 

Vibhanshu Srivastava
Advocate, Lucknow
9770 Answers
323 Consultations

Let her file Restitution of Conjugal Right under Hindu Marriage Act 1955 against her husband and serve the copy of Notice and petition upon her husband by WhatsApp and Email. It is allowed by the ruling of Supreme Court of India. 

If he doesn't turn up then take help of Indian Embassy officials in Australia. 

You may send her to her husband 's house for all legal purposes and action against her husband. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Try sending the girl. This might work

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

You may file DV case against him and his side of family – no legal bar there.

You may even press for ex-party protection order(s) – no legal bar there

You may even declare him and his side of family as the case may turn out to be as PO (proclaimed offender) status by news paper adv. via a court process - no legal bar there 

You may even Execute ex party protection order(s) within its limitation period - no legal bar there.

You may even send Court process to his Indian Employer (if any) to execute attachment maint. / monetary if any protection order - no legal bar there

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

Call us through the website for further assistance.


Call us through the website for further assistance.

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

File a fir against him and his family immediately. Also file a domestic violence case against him. File a maintenance application against him.

Summons should be served through the Indian embassy.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

He must he waiting for 3 years to complete so that he may file a divorce petition on grounds of desertion. Don't let him succeed. Proceed immediately. 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. Send complaint to national commission of women for seeking help for your friend and pur pressure on family of boy to bring him back to India. 

2. She should also move an application in court to declare that boy as absconding.

3. Send copy of FIR and absconding orders from court to Indian embassy of state that person is residing in Australia so that they take action against him in Australia.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Send her to in laws house and if not settled file a criminal case against the family and also against your husband for the maintenance.

Swarupananda Neogi
Advocate, Kolkata
2996 Answers
6 Consultations

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