Husband in another country. How to bring him back for to take divorce?
20 months ago my sister got married to a Guy who is born in india and settled in Australia with PR. He just spent 4 days after getting married with my sister in india and went back to Australia. After so much pressure which took us 11 months, he arranged tourist visa for my sister and there also his behavior is bad.
My sister needs a Divorce from him but he is refusing to come India, not picking calls and wasting time. My sister's marriage is registered in India.
What are legal option that we have to bring him back to india to get Divorce?
Firstly, your sister must register a complaint in the nearest Police Station and the crime in the Women Cell for the offence of domestic violence under Section 498A of the Indian Penal Code.
With respect to the Divorce, you can file a petition on the grounds of cruelty under Section 13(1)(ia) of the Hindu Marriage Act 1955, which includes both physical and mental and in your sister's case both are applicable.
You sister can also claim maintenance / alimony from him and in this claim she can also include the amount spent on the marriage under Section 125 of the Code of Criminal Procedure or even under the Protection of Women from Domestic Violence Act or the Hindu Marriage Act. All these legislations provide for maintenance to the wife.
The Court shall summon him and he shall have to appear before the Court and in case he does not, he shall be declared a Proclaimed Offender and his property situated in India can be attached. The summon / notice in such situations is served via the Embassy of the country where the spouse resides.
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