Legal Question in Family Law in India
My sisters husband who works in saudi ,doesnt return back after he goes there,first time he came back afer 5 years,then after 3 years,now after 4 years,she has two children,
age 13 years and 4 years.he dosent support them financially also.what action is to be taken.
3 Answers from Attorneys
File a case of maintenance and DVA.
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With Regards
Your sister can file an application under section 125 for maintenance; however, since the husband appears to be permanently staying abroad, it may be difficult to execute teh order for maintenance. In that case, in default of compliance with teh maintenance order, your sister may also file ane execution application for execution through the Indian Embassy.
i have similar case where the husband is working as a doctor and hardly visits india.
in such a situation, your sister needs to decide what she wants. in case the husband is calling her there, and she is refusing that she will have to wear a burka, then she may choose to file a petition for divorce. does he have any properties in india. in case yes, then your sister has the right to residence in that house along with her children. she can claim maintenane and compensation under Domestic violene act and sec. 125 crpc as these guys earn pretty good in saudi. she may get a good amount of maintenance in case the petition is proerly made and duly represented.
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