Legal Question in Family Law in India
need help in maintainance...
we both are indian citizens ,got married in india as per HMA.we lived in AUStralia.now i am in india.he is in australia and he is on work permit.he obtained exparte divorce decree in australia when i am in india.now i am in india.i filed for maintaince for me and the kid in india court. i have tried to send court summons to australia through fed ex, reg post and to his e-mail id.but he did not accept those summons and returned them stating that he is not available at that address.i know he lives there only.i know he does not provide maintainace to us. he has a residential plot in india.now he started constructing a house in that plot through his father.he send money to his father bank account. 1) how to send summons to him? 2) how to stop him to sale/transfer that (house)plot on other name/give power of attorney to some one/taking loan on that plot? can i go for high court for stay? what to ask the court? incase ,my husband took loan to bulid the house, can the court has power to attach/seize the property? as my husband is sending money to his father account, one lakh per month, can i include my father-in-law as another respondent in maintaince case ? my father-in-law has a own house and lands. my husband send money to his parents
3 Answers from Attorneys
Re: need help in maintainance...
You need an expert advice immedittely. only then you will come out of this situation. Plz send your whole detail and contact the undersign immediatly. coz once the land is sold then you will not be able to get anything. you have to file an application immediatly in india or in Australia to set aside the exparte decree and divorce. We can help you in this suitation. plz mail your query
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Re: need help in maintainance...
take a injuction /stay order against the property in the family court lying in the name of the husband once u take a stay u can negotiate initially instead of showing the address of australia give the indian address of the husband and the detail of the property u can also add the name of the your father in law as second party
Re: need help in maintainance...
The ex parte decree obtained in Australia in not valid in India;
1) The summons may be sent through (a) registered post; and (b) through Indian High Commmission in Australia;
2) File a case for maintenance and seek an attachment order of this plot as also an interim injunction restraining him from alienating any property;
3) The court may attach the property despite loans;
4) Yes, your father in law may also be impleaded as one of the defendnats in the suit.
You may also register a criminal case u/s 498-A IPC against your husband and any other relative (s) who committed "cruelty" upon you as defined in law; A case under DVA may also be filed.
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