Regarding Husband filing Divorce and moving to a foreign country

827 votes

yes you can just file a maintenance case against him and under no compulsion do not file divorce petition until your and your daughter is monetarily and property wise secured, proper planning is very important to trap him and he will have to attend court and pay or else an arrest warrant can be issued against him too for non payment

Advocate Aveek Bose LawRato

502 votes

yes you can just file a maintenance case against him and under no compulsion do not file divorce petition until your and your daughter is monetarily and property wise secured, proper planning is very important to trap him and he will have to attend court and pay or else an arrest warrant can be issued against him too for non payment

Advocate Aveek Bose LawRato

626 votes

At first you decide whether you want the divorce or not. Since you have been straightaway given a notice for divorce, it can be assumed that though he himself committed the illegality, he filed the case alleging several wrongs on your part; here my suggestion would be not to concede in that proceeding even if you want the divorce, cause it can be very well understood that the same would tantamount to admitting all the allegations against you. However, rest assure, there has been plenty Indian laws, e.g. Hindu Marriage Act 1955 (Assuming you a Hindu), Code of Criminal Procedure 1973 which would entitle your daughter to maintenance of quite a handsome amount, moreover in some cases Hon'ble Supreme Court has observed that the earning wife too is entitled to maintenance comparing the social stratum she used to enjoy with her husband. However the Hon'ble Supreme Court though did not provide any straight jacket formula about the amount of maintenance but in series of judgments provided that the maintenance for the dependent wife or dependent child should be 1/5th to 1/3rd of the income of the husband. Have faith in law nobody can escape even if he is out of the country, there are plenty mechanisms to that effect, there won't be any injustice. All the best and regards.

Advocate Ujjal Kumar Ray LawRato

594 votes

Madam

i really don't know the reason why an educated lady like you not Filling a domestic violence Case along with an maintenance case for your minor daughter under section 125 code of criminal pocedure.
file this case immediately and please respond to the divorce matter on very possible actionable way in accordance with Law.

and very urgently get connected with external affair ministy and U.S.A. consulate as soon as possible and made his passport with held and made him deported to India and face the trails.

for further legal support you can feel free to contact me.

Advocate Mita Banerjee LawRato

880 votes

Dear Madam

You have to file petition in the ground of alimony and maintenance of you and your daughter. It is not possible to give you full details by writing. For further information you have to contact with advocate

Advocate Lucky Mukherjee LawRato

826 votes

Look, Divorce is not any injustice with your daughter but if you are not agree with divorce then file written statement against his vague allegation and also file a petition for alimony for both you and your daughter. Court may not grant any amount for you as you are a working lady but court will grant a lumsum amount for your daughter. More over you can file a separate suit for restoration of conjugal life. For more details you can contact me.
Thanks.

Advocate Diptiman Pal LawRato