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Arup Chatterjee (Scientist)     05 May 2014

Demanding maintenance from husband living in us

My husband is living in US but he is an Indian citizen. I got married 6 months ago and after staying for 10 day after marriage with me, he left for USA. But after that for his mental torture I have decided to go for divorce.

1) May I demand maintenance and alimony?

2)If so, then how can I do that, so that he can't avoid it being in USA. He might not come back to India anyday, then what is the best way to force him to make him give alimony?

3) And how much alimony or maintenance can I demand?



Learning

 4 Replies

Daksh (Student)     05 May 2014

Dear Ms.Arup Chatterji, You are very much within your legal rights to seek divorce for which reason you have to approach court with appropriate pleadings. For the purposes of ascertaining quantum of alimony and maintenance please contact a competent Advocate.

ROHIT SHARMA (Legal Advisor )     05 May 2014

Dear Ms. Arup Chatterjee,

1. Under the prevailing divorce laws of  India, you can file petition for divorce after one year of your marriage and seek interim maintenance and finally a permanent alimony.

2. In the present  situation you can take a legal recourse  by filing a criminal complaint against him u/s 125 Criminal Procedure Code, 1973  before the court of Judicial Magistrate First Class under whose jurisdiction you reside seeking maintenance to be paid by him. 

3. You see, you will have to show his address in U.S as well as his permanent address in India in such complaint.

4. The court will issue a summons to him even at his address in U.S.

5.  In case he does not appear then the court will issue non bailable warrant and that can also be served upon him through the INTERPOL agencies.

6. In that event if a N.B.W is issued in the case matter u/s 125 Cr.P.C. then at that time you can make a written application  providing the details of his passport , u/s  10 (30)(h) of the Passport Act, 1967 addressed to the competent Passport  Officer informing of the issuance of the N.B. W by the court and request them to impound his passport.  The passport authorities through the Indian Embassy in Us. will trace him and get him deported and impounded  his  passport  and even place a look out notice at all destination of arrivals in India for such purpose.

7.  If need be you may consider to contact this layer for further clarification and consultation. 

Adv. Rohit Sharma.

(B.Sc. L.L.B. L.L.M.)

(M) : 09824047971.

E-Mail : lawgate1349@gmail.com.

Gautam Kapoor (IT professional Studying Law)     07 May 2014

Mr.Rohit Sharma has gone in length to describe the way you can seek alimony.

However certain points needs to be  clarified by me .In your earlier post you also talked of framing false 498 charge.

1.Do you know whether he is working or still searching for a job since he had to leave you within 6 months.

2.do you know his salary details ?

3.If you are already working or indeed a scientist you may or not be entitled to maintenance.

4.He will/can and put  cases on you if your have made false allegation.

5.He can go on challenging the cases showing he is penniless.

In my opinion get on with life.You are educated enough why do you want persons money who sleeps with immoral women (mentioned in your divorce post) ,start negiotiating for mutual divorce.Please remeber you need to pay the legal fraternity too... no services are free.You will make a big hole in your pocket trying to drill his pocket.

Get on with life without being embroiled in court cases.

Gautam Kapoor (IT professional Studying Law)     07 May 2014

and take my word by the time the judge will atleast issue a interim maintenance it will be atleast 4 yrs.

Life kharab korbe na..Apnar shami songe mcd kotha bollon aar nutun life start koroon


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