• Alimony, child support, divorce

Good day. My sister is Punjabi, she is 28 years old and has lived in India her whole life. In May, 2014 she married a Punjabi man, who has a PR in Canada, but came to India for his parents to arrange the marriage. 

Shortly after the honeymoon they discovered she was pregnant. He returned to Canada, and her assumption was that he would apply to bring her, his wife, there. He did not. 

Communication from him became rare and sporadic. Unbeknownst to her, he returned to his parents home in India at some point, she only found that out because, weeks after the baby was born, he came one time to see her. That was over a year ago. Since then he has ceased all communication completely and has totally abandoned her. 

He is in Canada and we have heard rumours that he is with a different girl, but we don't know anything for certain. 

He has never sent any support for her or the son they have. She is living as if a single mother, only able to survive because her parents care for the child so she can work. 

Can he be forced to bring her to Canada?  Can he be made to honour his roll as husband and father by financially supporting her?  If applying for divorce, would he be legally bound to appear in Indian divorce proceedings to face her. 

Any help you can provide would be greatly appreciated. She is broken-hearted and confused and an innocent victim.
Asked 11 months ago in Family Law from Canada
Religion: Sikh
Section 20 of theDomestic Violence Act, 2005  can help your sister ,the section is meant to ameliorate the financial condition of the aggrieved person, who may suddenly find herself to be without a hearth and home. Financially, the aggrieved person may exist in a suspended animation, if she is neither supported by the husband, nor by her parents. In order to protect women from such a pergutory, Section 20 bestows a right to seek monetary relief in the form of compensation and maintenance. Section 20, thus, is a powerful tool for ensuring gender equality in economic terms. Section 20, does not contain any exception in favour of the husband. In fact, it recognises the moral and legal duty of the husband to maintain the wife.

So your sister may file petition under DV act or crpc 125 for getting maintenance. If his parents are here try for amicable settlement .
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0
1. Your sister can file a suit for restitution of conjugal rights to revive her marriage.However there is no way by which she can force her husband to come back.
2. She file domestic violence case to seek maintenance, compensation .
3.She can file divorce suit as well in which even she can not file restitution of conjugal rights suit. If she files divorce suit she cna file case u/s 498A, 406 IPC.In that case the court may ask him to surrender his passport.
Devajyoti Barman
Advocate, Kolkata
5192 Answers
54 Consultations
4.9 on 5.0
1. Your sister can apply to the court in India to pass a residence order in her favour, which would be a judicial command to her husband to cohabit with his wife. However, the decree of an Indian court can be executed only if the matrimonial home i.e the house of her husband is in India. This does not though preclude your sister from availing her other remedies before the Indian courts, the adoption of which may eventually cause better sense to prevail on him. Your sister can apply for compensation on account of domestic violence which she has suffered this far. She can also apply for maintenance for herself and her child. Confronted with the court summons he will have to contest the proceedings or offer to cohabit with his wife. 

2. If he does not appear to contest the divorce proceedings the court will pass an ex parte order in favour of your sis.
Ashish Davessar
Advocate, Jaipur
18095 Answers
448 Consultations
5.0 on 5.0
1) your sister can file domestic violence against her husband and seek right to stay in matrimonial home , maintenance and compensation for mental torture undergone by her 

2) she can also file 498A case for continuous acts of cruelty against her husband 

3) if husband does not return to India yiur surer can on basis of 498A case seek impounding of his passport 
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
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Hi, It is the duty of the husband to maintain his wife and children so your sister can file a petition under DV act for residence order and also seek  for maintenance so by the order of the court he has to pay the maintenance.

2. After getting financial support, if Sister want to file a divorce then she can apply for divorce.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. Let her file a DV case claiming maintenance from him,

2. She can also file a 498A complaint against him,

3. In both the cases, his present correct address shall have to be mentioned in order to send summons through the Indian consulate,

4. After getting maintenance order, if your sister feels, she can file a divorce suit demanding one time alimony to get rid of her such a husband.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
Can he be forced to bring her to Canada?  Can he be made to honour his roll as husband and father by financially supporting her?  If applying for divorce, would he be legally bound to appear in Indian divorce proceedings to face her. 
Instead of applying for divorce, let she file a RCR case against him, and also a maintenance case seeking maintenance from him.
She should file a DV case too against him as well his parents which will make them to advise him.
She can file a 498a case too against her husband and all his relatives.
These actions shall make him to think about the hidden danger hence he would some feelers for compromise.
Then she can dictate terms and get her goals achieved.
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
What she wants. If she wants divorce she can file for divorce in the court and let the summons be served at his residence in India where is parents are living. In that petition she can ask for alimony and maintenance for herself and her son. 

If she wants to reside with him then she will have to file for Restitution of Conjugal Right i  which he will directed to stay with her. 

But he will have to appear before the court. But if she files for divorce and he doesnt cooperate still she can be granted divorce so atleast she will be free from him. 

Indian court jurisdiction doesnt work outside India so he cannot be compelled to come to India. 


Regds, 

Adv. Payal 
Payal Arora
Advocate, Pune
331 Answers
7 Consultations
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