LawRato

Husband is Residing In USA. Wife In India. Husband Stopped Maintenance


04-Jul-2023 (In Divorce Law)
Husband living in USA sent wife for vacation to her parents in India in Nov 22. In March 2023 when wife wants to return he cancelled the return ticket. Now threatening to divorce unless she accepts a negligible amount of Alimony and stopped her maintenance he was giving since December 2022. Forcing her to sign mutual divorce papers over phone. He wishes to marry his ex girlfriend 12 years older to him and a divorcee. The arranged marriage took place on 11th November 2016 and registered in Salt Lake Kolkata. What steps to take so that husband resumes giving the maintenance. What are legal steps and procedures that can be enforced from India.
Answers (4)

Answer #1
810 votes
dear client as per your query since he is not providing any maintenance to you so you need to file maintenance case in court and after court order he will be ordered to pay maintenance you can consult me by paying online consultancy fees....
Helpful? LawRato LawRato
Answer #2
981 votes
there are two ways to go about it. first you can simply file a maintenance case here in India and get an order to that effect which in all probability will be an ex parte order if he do not choose to contest. then if he refuses to comply with the order the execution proceedings will take place and warrant will be sent to USA and/or his Indian property will be attached and sold to recover the due. the more effective step will be to travel to usa and file a case there. you might think it's expensive but it's far more easier and effective. I will suggest you to explore the later option. the private international law will allow you to do do. regards, Tanmoy Chattopadhyay, M.Sc (Net), LL.B (Delhi), Advocate, Hon'ble High Court, Calcutta.
Helpful? LawRato LawRato
Answer #3
892 votes
the best way to handle this is proper planning is required you have to rope in his parents as well so that the husband comes under tremendous force so that he gets hell bent to revert and no path to escape and he has to maintain you and is there any child out of the wedlock
Helpful? LawRato LawRato
Answer #4
859 votes
She can file a Domestic Violence Act case against her husband and claim both maintenance and accommodation rights from her husband... kindly contact me for consultation by booking an appointment so that you get the best possible remedy. Regards, Subhashis Paul Advocate High Court Calcutta
Helpful? LawRato LawRato

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."