I write about a divorce case
My sis in law was married to an NRI (Australian) in India as per Hindu marriage rites and thereafter joined her husband at Australia. On arrival at she was subjected to mental,physical and emotional abuse. She was able to sustain the same for quite a period of time. However the matter turned worse during her pregnancy wherein she filed a case of domestic violence in Australia after she was subjected to abuse beyond her threshold. The case was registered vide which the Husband was to stay away from my sis in law for a period of one year as a case of domestic violence was registered against him as during her pregnancy the mental,physical and emotional trauma was to much for her to bear that she had to seek legal intervention.
During this period my sis in law became an Australian national and gave a birth to a son. The husband during the ensuing period send some docu to my sis in law at India address which was returned as she was at Australia. Now the husband claims that these were divorce papers which he deems was legal and that he is divorced since the papers were not received as a one sided divorce from his side therefore legal.
The husband even during the child birth was absent and till date has not even cared to take care of the child.
my sis in law seeks help on the following account
1. Validity of divorce at India for an Australian National? or the method of divorce for NRIs?
2. Status and legal rights of the son who is 8 months old if the divorce is deemed correct in India as the kid is an Australian national by birth.
3. Alimony and other related issues?
thank you
awaiting your reply