1) request his employer t o furnish proof of husband employment that cases are pending against him and court requires documentary evidence that husband has worked for company
2) you should get interim maintenance
3) you should get justice
My husband is working in Australia, Court ordered for authorized work proof
Hi Respected Lawyers, Continuation of Old Question: Husband blackmailing that he would file case in Australia against me. I have filed Child custody under The Guardians and Wards Act and DVC including interim maintenance request while the court case is ongoing, currently I'm residing in India with my daughter and working in small private company and my husband is in Australia working as Civil Engineer. I have submitted photocopy of his payslip of current company he worked in Feb 2023. I have no latest payslips or information about his work (if he have changed to new job or working in same old company) as he is in Australia and I dont have common friends who can share me information. 1. The Evidence appearance finished in last hearing DVC case (interim maintenance case) Judge has been viewed the docs before issuing orders, she has requested to get Authorized proof of work, Can I write email to his company in Australia seeking for authorized documents to submit in Indian court, Do I need to mention about Indian cases in Email ? 2. What if I dont get any official authorization letter from his work to submit in court, will i get interim maintenance for me and my daughter? 3. As mentioned I have filed DVC and Child custody but husband family is not showing up in court in regular basis for hearings. My husband is in Australia and not retuning back to India. I'm attending all hearings. Will I get justice? what will be the result and how can I get divorce. ( what is the process of filing Divorce after these cases)
Asked 2 years ago in Family Law
Religion: Hindu
6 Answers
1. You can very well approach his company and obtain the details of his employment and salary details, provided the company would entertain your request.
2. If the company refuses to furnish the details you may have to fight your case on the basis of the evidences you submitted before court.
The court may certainly pass an interim maintenance order but may not be to the extent that you demand.
3. You can inform the court that those people are intentionally avoiding to be present before court hence their presence may be ordered.
- Writing to the employer will not help you. Seek a direction from Court of Magistrate to the employer to produce documents in Court. File petition in the Court where DVC is pending under Section 91 of Criminal Procedure Code, 1973 with details of employer and documents required. His employer can directly courier the documents to Court.
- Your duty is to submit a petition to Court, if the direction of Court is not obliged your right to maintenance is not affected. But you should make all efforts to get the documents.
- Truth is invincible if properly supported. You will certainly get justice if trial is properly conducted. You can get a LOC issued against him and get his extradition from Australia through Interpole.
Please find below some information about NRI divorce and maintenance in India.
- You can write an email to his company in Australia seeking for authorized proof of work, but you should not mention the details of the Indian cases in the email. You should only state that you need the proof for personal reasons and request them to provide you with a letter or a certificate that confirms his employment status, salary, and duration of work. You should also attach a copy of your marriage certificate and your husband’s passport as proof of your relationship.
- If you do not get any official authorization letter from his work, you can still claim interim maintenance for yourself and your daughter based on the evidence that you have already submitted, such as his payslip, bank statements, tax returns, etc. The court will decide the amount of maintenance after considering various factors, such as your income, expenses, standard of living, needs of the child, etc. You can also request the court to direct your husband to produce his latest income proof or to appoint a commissioner to investigate his assets and income in Australia.
- If your husband and his family are not appearing in the court for the DVC and child custody cases, you can request the court to issue a warrant against them or to declare them as proclaimed offenders. You can also seek the help of the Indian embassy or consulate in Australia to serve them the summons or notices. If they still do not appear, the court may proceed ex parte and pass orders in your favour based on the evidence that you have produced. However, these orders may not be enforceable in Australia unless they are recognized by the Australian courts.
To get a divorce from your husband, you have two options:
- You can file a divorce petition in India under the Hindu Marriage Act, 1955 on any of the grounds mentioned in Section 13, such as cruelty, desertion, adultery, conversion, etc. However, this may take a long time and require multiple hearings and evidence.
- You can file a divorce petition in Australia under the Family Law Act, 1975 on the ground of irretrievable breakdown of marriage. This is a no-fault divorce and requires only one year of separation before filing. However, this may require you to travel to Australia or appoint a lawyer there to represent you.
Request for Authorized Proof of Work:
You can attempt to obtain authorized proof of your husband's work by writing to his company in Australia. In your email, you can explain that you require this documentation for legal proceedings in India and specify the type of documents you need.It's advisable to be clear and professional in your communication. You do not necessarily need to mention the Indian cases in the initial email, but you can mention that you require this information for legal purposes.However, you should be aware that obtaining such documents from his employer may depend on the company's policies and your husband's consent.
Interim Maintenance:
The decision regarding interim maintenance will depend on various factors considered by the court, including your financial needs, your husband's financial capacity, and your daughter's needs.If you are unable to obtain official authorization from your husband's work, you should inform the court about your efforts and the reasons why you could not secure the documents. The court may consider other available evidence.
Attending Court Hearings:
Your consistent attendance at court hearings and your husband's absence may work in your favor in the legal proceedings.In family law cases, the court aims to ensure justice and protect the rights and welfare of all parties involved.Regarding divorce, you may consider initiating divorce proceedings after resolving the ongoing cases if reconciliation is not possible. The process may include filing a divorce petition, participating in mediation or counseling (if required), and adhering to the legal procedures for divorce under Indian law.Consult with an experienced family law attorney to guide you through the divorce process and address your specific circumstances.
- As per law, an uncontested case decree granted by the foreign court is not valid in India , and only a contested case decree is valid in India.
- Hence, if your husband files a case there , and you not appeared before the said court , then decree passed by the court will not valid in India.
1. If you ask for his details from his company , then the company will not provide you the same , and hence you should move an application before the court to pass an order to direct his company to send the salary certificate before the court.
2. Yes
3. Yes, if he will not appear before the court , then the court will pass order in your favour .
- If he is not agree for mutual divorce , then you can file a contested divorce on the ground of cruelty and other grounds.
Hi Team, DVC (Domestic Violence Case): No presiding judge for 1.5 years, Bench clerk is just adjourning the case, No interim or final maintenance granted for my daughter or me. 498A IPC Case: Still at appearance stage at lower court, my husband has filed a High Court petition seeking exemption from appearance for A2–A4 GWOP (Guardianship and Wards Petition): Filed June 2023, At cross-examination stage of petitioner (me), Respondent (my husband) has never appeared, Recently changed lawyer and is seeking permission to represent through GPA (General Power of Attorney), my husband has not visited India since cases started. I attended nearly all hearings (traveling 150 km). Due to the ongoing legal cases (DVC, 498A, and GWOP), I’ve suffered not just emotionally but also financially and professionally: My family is encouraging me to settle the matters out of court so I can focus on our future. -I lost a job opportunity in Bangalore that offered both a salary hike and a better designation, due to my obligation to attend court every month. - I’ve been managing all expenses alone, including my daughter’s education, legal fees, travel (150 km for every court date), and day-to-day living without any maintenance support from the respondent. - Both I and my daughter are Australia PR holders since 2018. I now wish to return to Australia to restart my career and give my daughter a stable life. Doubts 1. Is an Indian Mutual Divorce Valid in Australia and Globally? 2. Changing my Daughter’s Surname to my Maiden Name is possible in Aadhaar and Passport and what are the conditions? 3. Can I Accept Mutual Divorce Without Alimony or Maintenance? 4. How Long Does Mutual Divorce Take in India? Cooling-off Period: 6 months (can be waived?). • Since we have already lived separately since December 2022, am I eligible to apply for waiver of the 6-month waiting period ? 5. What Proofs/Consent Should I Take Before Divorce (for Future Safety)?
Asked 4 months ago