Hello everyone, I’m seeking advice regarding my sister’s situation. She is experiencing physical, mental, and financial abuse in her marriage. She currently lives in Germany with her husband and daughter. They married in India under the Christian Marriage Act in Hyderabad, and all of them are still Indian citizens. She has decided to leave the marriage but is very worried about how she will manage her and her daughter’s daily living expenses and responsibilities, as she may not be able to support them on her own initially. We would like to know: • What kind of alimony and child maintenance can she expect, and how is this calculated under Indian law when living abroad? • How long does it typically take to obtain orders for alimony and child maintenance? • Given her husband is abusive, what immediate legal protections are available to her and her daughter while they remain in the same house? Any guidance or direction on how to proceed would be greatly appreciated. Thank you.
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
It is better to see spousal support and maintenance for child in Germany as your sister is residing in Germany
2) alimony in event of divorce depends upon husband income , standard of living , wife income etc
3) file police complaint in Germany against abusive husband
She wants full custody, will child maintains and any other financial claims would effect in receiving child’s custody
Your sister would not get full custody of child
husband would have visitation rights etc
She is planning to move to Australia or any other country, after she completes her education with her child, how would that work for her
She would need court permission to take child abroad
Claiming maintenance or any other expenses from Germany would affect her child custody or divorce in Indian ? I understand that child’s father would get visitation rights
It would not affect divorce proceedings in India
Child custody can be applied for in India If your sister comes back to India with the child
Indian Divorce Act, 1869, During the pendency of divorce or judicial separation proceedings, your sister can apply for interim maintenance. Upon a decree of divorce or judicial separation, the court may grant permanent alimony, either as a lump sum or periodic payments.
Section 125 CrPC: This secular provision applies to all Indian citizens, regardless of religion, and allows a wife to claim maintenance if her husband neglects or refuses to support her, provided she is unable to maintain herself. This can be pursued even if divorce proceedings are not initiated.
DV Act; your sister can claim monetary relief, including maintenance, to cover expenses arising from domestic violence (physical, mental, or financial abuse). This can be pursued alongside other maintenance claims.
She may not be able to file divorce in Germany owing to the precarious situation prevailing at her end in Germany with the given fact that her husband is very abusive.
She can plan to return to India and file the proposed cases in India, including complaint under protection of women from domestic violence act.
She can file a maintenance case seeking maintenance for her nd for her child.
Section 125 of the Code of Criminal Procedure (CrPC), which deals with maintenance for wives, children, and parents, has been replaced by Section 144 in the Bharatiya Nagarik Suraksha Sanhita (BNSS)
She can file a petition for alimony also. A woman can seek alimony (also known as maintenance) without filing for divorce. In India, several laws allow a wife to claim maintenance from her husband even if they are not divorced. These laws aim to provide financial support to a wife who is unable to maintain herself, regardless of whether she is living with her husband or separately.
The quantum of maintenance can be decided based on the income o both
She can file for divorce and custody in India. Claiming from Germany will not affect.
In India, child custody and maintenance are two interrelated aspects of divorce or separation proceedings. When a court is deciding on the maintenance obligations of a spouse, the custody of children has a significant impact on the outcome.If a spouse has custody of the children, they may be entitled to child support in addition to any alimony. The amount of child support is determined based on the needs of the child and the financial capacity of the non-custodial parent. The non-custodial parent (the parent who does not have primary responsibility for the child) is typically required to pay child support to the custodial parent. However, the custody arrangement and the amount of child maintenance can influence how much the non-custodial parent will be required to pay for spousal maintenance.
If she and her child return to India abandoning the husband/father in Germany but would like to relocate to Australia subsequently then he may object and may get stay order too.
Besides until and unless the mother is having full custody of the child by an order of court, she may not be able to take the child with her to a foreign country.
She may have to petition court seeking permission to take the child abroad giving convincing reasons for this in her pleadings.
She can file a child custody case in India.
The visitation rights to father is not automatic, he has to apply with proper details and reasons for visitation rights in his counter objection to her child custody petition.
Divorce case is a different subject to that of the child custody, there is no necessity to file a divorce case while seeking child custody
Dear Sir/Madam,
Your sister may file cases under women oriented law and ask for maintenance for her and the daughter. The case may be filed and decided at early time at the present place of living i.e. Germany in comparision to time taken in India. After the decision of the case, she may move to any place of her choice.
- Your sister is is having the following right and claims from her husband.
1. As per law, A wife has the right to claim decent living standards and basic comforts of life from her husband. Hence for claiming the maintenance for her &child, she should file a petition under section 125 CrPc.
- Her husband is under legal obligation to provide the same to her at any cost, even he is working or not.
2. Law entitles wives a basic right to reside in the matrimonial/ home, whether the house owned by her husband or his parents, a rented property or officially provided to him.
- Hence, for claiming her residential right, medical expenses etc., and also for teaching a lesson to the family members of her husband, who subjected her torture &harassment, she should file a petition under the provisions of Domestic Violence Act.
3. As per the Supreme Court, A wife has complete ownership rights over all her Streedhan, the gifts and money given to her before and after marriage. The denial of Streedhan to the wife makes the husband and in-laws liable for criminal charges.
- And further, if the husband or his family members subjected a woman to cruelty for the dowry demand, then they can be booked under Section 498-A.
- Your sister should lodge a written complaint against her husband & his family members, in the Women cell/MahilaPolice, after mentioning all the details of torture &harassment.
- The women cell firstly will try to reconcile between them, otherwise, they will lodge an FIR against all the person, who subjected your sister cruelty.
Hence, for claiming maintenance your sister can file a petition before the family Court , and she can the daughter can get interim maintenance during the period of trial on the very first or second date of hearing.
Your sister can legally claim alimony and child maintenance under Indian law even while living abroad, as the marriage was registered in India. Interim maintenance can be granted within a few months, and permanent orders take longer. Seeking financial support will not impact her chances of getting full custody—courts usually favor the primary caregiver, especially for young children. She should document the abuse and consider getting immediate protection in Germany. Moving to Australia is possible with proper court permissions if custody is granted. Receiving maintenance abroad won't negatively affect her Indian divorce or custody case.
Dear Client,
What Kind of Alimony and Child Maintenance Can She Expect, and How is This Calculated Under Indian Law When Living Abroad?
Your sister's marriage was solemnized under the Christian Marriage Act in India. Therefore, any divorce, alimony, and child maintenance proceedings will be governed by the Indian Divorce Act, 1869.
Child Maintenance:
How Long Does It Typically Take to Obtain Orders for Alimony and Child Maintenance?
Given Her Husband Is Abusive, What Immediate Legal Protections Are Available to Her and Her Daughter While They Remain in the Same House?
This is crucial for your sister's immediate safety. The primary law for this is the Protection of Women from Domestic Violence Act, 2005 (PWDVA).
I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.
Your sister has the right to take legal action under Indian law even though she currently lives in Germany. Since her marriage took place in Hyderabad under the Christian Marriage Act and both she and her husband remain Indian citizens, she can approach Indian courts for divorce, alimony, child custody, and protection from abuse.
She can claim both spousal and child maintenance under the Indian Divorce Act, 1869. Sections 36 and 37 of the Act allow her to seek interim and permanent alimony, while Section 41 permits child maintenance. The court will calculate maintenance based on the husband’s global income, the standard of living they maintained, her financial needs, and the reasonable expenses of the child.
She can file for interim maintenance, which courts usually decide within three to six months. Courts typically grant final maintenance at the time of the divorce decree, which may take one to two years. If she faces immediate hardship or domestic violence, she can request urgent relief.
While still residing with her abusive husband, she can report abuse to German authorities. German domestic violence laws will protect her and the child from harm, and she can apply for a restraining order or seek help from local police. At the same time, she can file a domestic violence complaint under the Protection of Women from Domestic Violence Act, 2005, through the Indian Embassy or the National Commission for Women’s NRI Cell. She may also give a trusted person in India a power of attorney to initiate proceedings on her behalf.
Seeking maintenance or child support does not hurt her chances of getting custody. Courts in India prioritize the welfare of the child and usually grant custody to the mother, especially for young children. Her attempt to secure financial support demonstrates responsible conduct, which works in her favor.
If she plans to relocate to Australia or another country after completing her education, she should obtain a court order permitting the move if a custody dispute is likely. Without such permission, the father may initiate proceedings under international child custody laws. Although India is not a party to the Hague Convention on child abduction, the father could still raise objections.
If she claims financial assistance abroad, Indian courts may consider that when deciding on Indian maintenance but will not bar her from seeking it. She should disclose such claims to avoid accusations of double recovery.
To proceed, she should report the abuse in Germany for immediate protection, contact the Indian Embassy, and consult a family lawyer in India. She can file for divorce, custody, maintenance, and domestic violence protection orders. Collecting evidence of abuse and financial records will strengthen her case.
In case you need my assistance in the matter I can be contacted on
Regards,
YUGANSHU SHARMA
SYS LAW OFFICES
