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Rights of father when daughter is abandoned by her husband


05-Feb-2023 (In Family Law)
Shakshi married Gargesh (both names changed) in December 2000 according to Hindu Brahmin Community tradition. Gargesh moved to Sydney on deputation. Soon cracks developed in the relationship due to harassment resulting in Shakshi undergoing mental depression. However another son was born in march 2016 with the harassment. Finally Gargesh sent Shakshi to India telling that he will get the passport for the newly born child and then come to India. Shakshi was treated in India. Gargesh refused to answer phone calls or email. Parents took her to Sydney to provide moral support and help but Gargesh changed his residence and is not willing to talk to or see his wife or parents or to give the address where he is currently residing resulting in financial loss, mental agony and hardship to Shakshi and her parents. Under these circumstances whether the parents of Shakshi have any rights to seek legal remedy without affecting Gargesh and the children he is keeping with him.
Answers (5)

Answer #1
732 votes
Dear Sir,
Your query involved the international norms as well as Indian outside the circuit of India , and hence special provision could be embarked, yes as you have seeked your , legal help can be provided by you on behalf of your daughter without much involvement of her and not affecting her children. But no solution or legal help can be given by maail or phone ,you have to meet our office at earliest .OFC : Adv Pankaj Kumar & associate..
Answer #2
552 votes
Good evening !! you can get Gargesh address and then file case under desertion & cruelty if wish to go for divorce or else if shakshi want to get her husband back we must file case under restitution of conjugal rights.
As father I understand your position but in normal case we advise that shakshi must file case.
you haven't explained about child custody. whether you daughter is working, who looks after kids etc.
approach lawyer and send legal notice but before follow certain sequence.
Answer #3
511 votes
Father cannot claim for any remedy for daughter against his son in law unless such circumstances exists. It is the wife who can claim for appropriate remedies against the husband. If she requires and financial support and residence, she can claim for the same by filing a case before the court.
Answer #4
628 votes
Action may be taken against Gargesh if his present address is traced out. There are number of Acts which are in favour of Indian Women, she may take shelter and protection under the said laws. Provided you get a very good lawyer who is ready to devote his time and intelligence to help your family.
Answer #5
947 votes
Sakshi the wife has right to maintenance from her husband. Parents can search for his whereabouts through Embassy and initiate legal proceedings. The Court can Order an interim maintenance to Sakshi based on the standard of living.You can contact me for further legal help.

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.

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