Husband wants to file for divorce having affair with Australian girl
10-Jun-2023 (In Divorce Law)
My husband is living in Sydney from last 4 years We get married on21/3/2017 And everything was good Bt now he want get divorce from me and said that I m in a relationship from last 7 months and she is pregnant from last 4 years . She is Australian girl . And now my husband refuse to return back to India . What to do??
Well in this case you need to either file a case i.e. restitution of conjugal rights in case you still want him back or in case you don't then you can even file for divorce. Further try mediation in the matter since it is of personal in nature.
File maintenance case. File divorce case. Further file application to attach his property. Register fir against him.. .. .
The main point of consideration is that whether you are staying with your in laws or staying alone. You have a residential right in your matrimonial home. Also you can claim your stridhan, other maintenance and other expense from your husband and in laws. File a case of domestic violence u/s 12, 18, 19, 23 as well as us 498a, 420, 406. You will get justice and your right in his property shall remain intact. On receiving sufficient compensation you can leave him. regards Adv Malhotra
You can initiate civil as well as criminal proceedings against your husband and/or his family depending upon the nature of your query. Criminal proceedings may force him to come back to India.. Other civil proceedings like claiming maintenance and creating charge on his property in India may also force him to come to some amicable solution of your situation.
You have to file restitution of conjugal rights to restore your matrimonial life with your husband. If he agree then OK otherwise you have to put him under pressure by filling criminal complnait against h and his family.
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