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Wife went abroad and harrasing


23-Sep-2023 (In Divorce Law)
I need help in filing a case against my wife. We got married recently and my wife wanted to study abroad to complete her post graduation. So we agreed mutually and I paid all the expenses and 1st Semester fees (approx 13Lakhs). After a month her behaviour changed and started harrasing me, abusing my parents and threating to file a case in Australia. I need legal advice in filing a case against her and getting the money back which i paid.
Answers (2)

Answer #1
621 votes
Filing divorce case in Australia by wife will not be so easy as the requirement of minimum period of stay in a particular state for the jurisdiction of Australian court will be required. As far filling the complaint against the spouse for domestic violence, no doubt in Australia and other countries the provision for filling domestic violence complaint against the spouse exists for both parties and not like India where only wife can file that against the husband. So in such case if the parties are both living in Australia, they both have right to file for domestic violence against the other if situation so arises.
Now for continuation of study in Australia the first semester fees only has been given and rest of the fees of other semester will have to be paid before the person able to complete her course. If the wife is misbehaving with the husband, she must realise that financially she's totally dependent on him and if not so let her return the first semester fees to him and go ahead for dissolution of marriage if the things not working out.
The proper legal notice by senior and experienced lawyer should be served upon the wife for the return of the amount and settlement of matrimonial dispute amicably.
Answer #2
706 votes
Dear querist,
Gone is gone. You are safe in India. She can not file there. But you can file here. Consult a good lawyer and go ahead. I doubt whether she will remain faithful to you or not. In any case make up your mind first and then go ahead with actions.

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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