Legal Question in Family Law in India
My sister got married as per Hindu marriage to a NRI but neither the marriage got registered not the marriage is yet consummated.Its been now over 2years and she lives in India and he in Australia.
She only lived with hew husbands parents for 4 months and now for almost 1 yr 6 months she is living with me and my parents.
Now my question is as follows:
1. Is it possible for us to file a case of cruelty and desertion and claim maintenance if the marriage is not yet registered and they not living together.
2. As he is holding a Australian passport so even if we file 498a on him he does not bother so is it possible to file 498a on his parents to bring him to India even my sister did not live with his parents for long and they also did not treat her bad ?
3. We are not aware about his passport number or his address in Australia so If he never comes to India to attend the case what we can do further ?
2 Answers from Attorneys
Dear client yr sister can file case of dowry harassment against her husband and in laws with police under sec 498a. She can ask maintenance by filling application under sec 125. Try to get her husbands passport number and details by applying under right to information act. For any legal help call me on 9422611385
Adv prasad patil
1. Is it possible for us to file a case of cruelty and desertion and claim maintenance if the marriage is not yet registered and they not living together.
Yes. She may file a case in India against her husband living abroad.
2. As he is holding a Australian passport so even if we file 498a on him he does not bother so is it possible to file 498a on his parents to bring him to India even my sister did not live with his parents for long and they also did not treat her bad ?
You may contact the National Commission for Women and register a complaint online.
3. We are not aware about his passport number or his address in Australia so If he never comes to India to attend the case what we can do further ?
You may provide address of his parents and they may be directed to provide his passport and address details.
N.C.W. takes care of such cases also approach the concerned foreign country and inter-pol for help.
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