family law to send summon to my husband in malaysia and bring him back

sir recently i went to malaysia on tourist visa to meet my husband as he refuse to send dependent visa ,he did not open the door and finally with the help of indian high comm and police i entered the house after that my huband never came to home and with e mail he is asking for mutual consent divorce and iam not willing for divorce and indian high comm arranged for counsehe didnt come for that then i came back to india now i can file for maintenace and file domestic on my husband and abonded me for last 4 months and bring my husband back to india and also for couselling ican send summon to him

Answers (3)

168 votes

YES, you can file for maintenace and domestic against your husband.
The Power of the Court to order maintenance, when proceedings are pending for matrimonial relief has been provided under different statutes. Section 24 of the Hindu Marriage Act; Section 36 of the Special Marriage Act and the Divorce Act and Section 39 of the Parsi Marriage Act speak about alimony pendatelite. Section 25 of the Hindu Marriage Act, section 40 of the Parsi Marriage Act and Section 37 of the Special Marriage Act and Divorce Act, provides for permanent alimony and maintenance. Section 85 of the Mohamedan Law states that the wife may get maintenance in accordance with the provisions of Section 125 of the Code of Criminal Procedure. This is to ensure that a derelict Muslim husband cannot take umbrage under his personal law in order to defeat these statutory obligations under the code of Criminal procedure.

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117 votes

from the limited information available , you can file a petition of restitution of conjugal rights in India and try to secure his presence in India through Family Court, I believe the summons would be served on him. Whether he is working for Malaysian Employer or Indian Employer who has sent him to Malaysia is not clear.This is apart from right to claim Maintenance.

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312 votes

File Petition for Restitution of conjugal rights. Court will send notice to him and will summon him for mediation and contest the case. if he is not willing to settle with you, and refuse to pay maintenance, you can file application seeking maintenance from him though court.

You can file the suit at the place where you are residing now.

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