quesHusband 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?



 

  • ans

     

    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.

     

    Kindly contact us for any further details and action.

     

  • File Mutual Consent Divorce @ Rs. 25,000/- only


    Know More
  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
  • Related Articles

Consult best Divorce lawyers in India

Similar questions

Wife has filed 498A. She left all 3 children. Wife is staying with her parents.…

I completed only 8 months of marriage. My wife is very quarrelsome always disturb me…

Hindu couple with 2 years of marriage, no children : Wife first filed false 498-A…
Want to know what is the procedure of marriage. I am a muslim boy in…

Divorce Lawyers in India

Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 16 years


Advocate Jaspreet Singh Rai

  Greater Kailash 1
 Experience: 14 years


Advocate J. P. Rinwa

  High Court
 Experience: 16 years


Advocate R C Mahajan

  Paschim Vihar
 Experience: 23 years


View all >>

How it Works

Know how LawRato makes legal advice easier and effortless

Ask a Free Question

Post a question and get free advice from multiple lawyers

Talk to a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly