nidhi (home maker) 05 July 2013

Maintenance from a nri husband

Dear Sir/Ma`am,

I would highly appreciate if u could guide me ,,

I am Neha . My Matrimonial home is in Dehradun ,where I was living till June beginning I came back to my parents home in Delhi will it be proper to file a suit in Delhi High Court or district Court for maintenance and abandoned .

My husband is an N.R.I who has stated that he will not come back to India and also he has blocked my ATM cards and stated to me that “ I will give you some money till the time you are in my house” , and send me 6000 and the other month he didn’t send any money

I had no alternative except to come back to my parents home in Delhi. The jurisdiction under which court I come whether it is District court or I can directly apply in the high court for Maintenance under section 18

Because someone told me that you can only apply in the District Court. And u cant apply directly in high court

Please Help me out and let me know the correct position where I should apply for Maintenance

Your`s Sincerely

Neha

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3 Replies

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com) 05 July 2013

Dear Neha,

You have to apply to the lower court for maintenance and DV act.

You can opt 498 A complaint against your husband for harrasing and in this case, court can declare him PO, if he will not come to you and later on depute him to india in jail.

But try to hire an expert.

Good Luck

adv.kamal.grover@gmail.com

Adv. Chandrasekhar (Advocate) 05 July 2013

You can file case in the lower court in Delhi. The maintenance case can be filed under S.125 cr.p.c. or DV Act or s.18 HAMA. My suggestion is to go for Section 125 cr.p.c. You will get favourable orders but the real problem comes in your case is to execute those maintenance orders passed against your husband as he is abroad. Any how, go for S. 125 cr.P.C.

Adv k . mahesh (advocate) 05 July 2013

you have to file in the district court and you have to send the notices to her parents address in india were they are residing

why district court because from lower to higher court you have chance to succeed in one or the other court directly if you go to higher court if the case is dismissed then you have no chance togo to lower court