Legal Question in Family Law in Australia

divorce and claim mainainence

sir,

i got married in 2005.but since then my husb and his fmly members have physically & mentally harrassed me for dowry.underconspiracy they took me to australia and my husband illtreated me .i was forced to take police protection in australia as he threated to kill me.now i have come back (in June 2008) and have filed a FIR for dowry demand and cruelty in india.My husb is still in Australia .I want to know since then they hv not bothered to ask my welfare.How can i claim for maintaince from Australian govt ?and what are my rights ?please advice me .


Asked on 12/27/08, 8:45 am

4 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: divorce and claim mainainence

you can get a decree from indian court for maintenance as you cannot claim directly from Aus Govt.

Read more
Answered on 12/27/08, 10:55 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: divorce and claim mainainence

already replied.

Read more
Answered on 12/29/08, 3:28 am
Prof.Somnath Mukherjee s.mukherjee associates,09874053359

Re: divorce and claim mainainence

As regarding to your first question I can just say that there is no law in which you can claim maintenance from Australian govt. But you file a case u/s 125Cr.P.c to get maintenance.As regarding to your second question I advice you to file a caseU/S 498-a I.P.C against your husband, but doing so you must consult to a legal expert

Read more
Answered on 12/28/08, 1:09 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: divorce and claim mainainence

To enable you to lodge your claim for maintenance against Australian government, we need to know the immigration of your husband. However, you may immediately file an application for maintneance / damages under D.V.A. and under H.M.A/H.A.M.A.

Read more
Answered on 12/27/08, 9:29 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Australia