Husband permanently shifted to Canada and deserted his wife in India /remedies available to wife

vinod bansal (Querist) 16 January 2011 This query is : Resolved
R/Experts
A marriage was solemnized in 2005,prior to marriage husband was doing pvt job in Canada,he came in India and got married,but after marriage he left for australia alone and refused to accompany the wife as per his assurance,wife lived in India for 4 years at her matromonial home with her jeth and jethani as the parents of husband are also residing at Australia,Jeth jethani maltreated her and husband as well as in laws (mother in law & Father in law)of wife also threatned her and refused to maintain or accompany her,no issue born out from this marriage,ultimately wife returns to her parental house,now what is remedies available to wife,kindly help,i am of the view to file a petition us 9 of HMA and a complaint before police.parents of wife are also ready to settle the matter by a decree of divorce.Kindly suggest. Thanks

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Raj Kumar Makkad (Expert) 16 January 2011
In the given matter when behaviour of husband side clearly indicates that they are not in a mood to provide the marital rights to wife and wife side means her parents are in a mood to seek divoce keeping in view this position so better to file a petition under section 13 (1) (1a) of HMA rather filing petition under section 9 of HMA. Why to waste time?