• Divorce maintenance/cheating case

I am living and working in Australia. I am a New Zealand citizen living in Australia and hold an OCI card. Husband is an Indian citizen and Australian permanent resident living in Melbourne,Australia. We got married in 2019 in Australia. After 2 and half months of marriage, I found out my husband was unable to keep any physical relations. Therefore, we have to proceed with separation. 

When we visited a psychiatrist in India he gave sexual dysfunction medicines to husband which he refused to take. He also has traits of personality disorder. 

Under Australian law, we were unable to get an annulment as the law is different, as well as marriage expenses were not shared with us from the groom's side.

Any possibility I could send a notice to my husband as he is an Indian citizen living in Australia, at least claim the expenses for cheating purposes?
Asked 7 days ago in Family Law
Religion: Hindu

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9 Answers

For cheating maintenance is not permissible under law.

Only if you have no independent source of income you can claim maintenance. 

Since the marriage is broken without creating further bitterness come out of it honorably by way of mutual divorce. 

Mud slinging has far fetched repercussions. 

Devajyoti Barman
Advocate, Kolkata
22509 Answers
356 Consultations

5.0 on 5.0

Your marriage is solemnised in Australia and would be subject to jurisdiction of Australian courts 

 

2) your marriage has not been registered with Indian embassy or consulate or in India 

 

3) file for divorce in Australia seek spousal support in Australia 

 

4) you can file case of cheating in Australia 

Ajay Sethi
Advocate, Mumbai
83174 Answers
5337 Consultations

5.0 on 5.0

Dear Querist

this is not a case of cheating but you may file an annulment petition before the Family Court in India under section 12(1)( c) of The Hindu Marriage Act-1955.

As you are a working woman, you will not be entitled to get any maintenance from him but you may claim your Istridhan (the articles from your parents and relatives and gifted from your in-laws). 

there is no law in India by which you can Claim the expenses until and unless he is ready to pay while both of you are going to take divorce by way of Mutual Consent under section 13B of Hindu Marriage Act-1955

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6045 Answers
286 Consultations

4.9 on 5.0

You have not stated that whether your marriage was solemnised as per Indian laws or Australian laws.

Presuming that the marriage had taken place as per Australian laws, you may have to file a divorce case against him as per the Australian laws alone and not as per Indian laws.

However you can issue a legal notice as desired by you from anywhere you are and he be anywhere. 

Erectyl dysfunction is not an incurable disease hence suppressing the fact of this temporary defect cannot be considered as an act of cheating.

You may discuss with an advocate and initiate proper steps as per whichever law that would be applicable for filing divorce case. 

T Kalaiselvan
Advocate, Vellore
73275 Answers
1146 Consultations

5.0 on 5.0

Dear Ma'am

Section 12 of the hindu marriage act provides for the option of annulment in cases where the spouse is unable to engage in sexual intercourse and refuses to be treated for it. 

This was upheld in the case of Laxmi Devi v Bablu Lal.

However, unfortunately the hindu marriage act cannot be applied in any manner for people residing outside India even though he is an Indian citizen.

Thank you

 

Anik Miu
Advocate, Bangalore
1884 Answers
22 Consultations

4.9 on 5.0

- If your marriage was solemnized under the provision of Indian law in Australia then you can take legal action against him in Australia and in India. 

- Further, even you file a case against him in Australia , and that is contested by him then the decree passed from that court is also executable in India. 

- However, if your marriage was not solemnized in India , then you cannot file a case against him under the provision of Indian laws. 

- Yes, you can send him a legal notice to him for claiming the maintenance and other expenses. 

Mohammed Shahzad
Advocate, Delhi
7410 Answers
78 Consultations

5.0 on 5.0

Hi, If you both of them are married in Australia and it is better you can contact local advocate there and file a petition in the Australia. If you want to proceed under Indian Law then you can file a Petition Under section 125 of the Cr. P.C for maintenance  before the Indian Court and you can also file a Petition under Demostic violence act.

Pradeep Bharathipura
Advocate, Bangalore
5050 Answers
277 Consultations

4.5 on 5.0

1. You got married in Australia as per Australian law.

 

2. You shall have to apply for and obtain the decree of divorce from Australian Court and prefer all your claims before the said court as allowed in Australia based on the Act prevailing there.

Krishna Kishore Ganguly
Advocate, Kolkata
25841 Answers
726 Consultations

5.0 on 5.0

Yes you can send notice to him through a lawyer. If you need any further assistance then you can approach me through LinkedIn. 

Prashant Nayak
Advocate, Mumbai
23518 Answers
49 Consultations

4.4 on 5.0

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