LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sayed Maqsood Ahmed   29 November 2023

my sister's husband not coming to India

dear learned advocates,

my sister's husband is working in Dubai. For the last 2 years he hasn't come to India due to some family financial issues .

Around 2 years before, my sister, with the approval of her husband, took a loan of Rs. 4.5 lakhs from a private money lender to buy an iPhone and a car for her son. She paid interest of around 2 lakhs to money lender. but for the last 1 year, due to a financial crisis, she hasn't been able to pay the interest for the last 1 year.

The private money lender is demanding money daily, but since my sister's husband is unable to pay to him. Also, in addition to this, there are more loans taken by my sister to run family consisting of a son and a daughter.

now my sister's husband is threatening to give divorce to my sister.

in view of the above facts, please suggest suitable legal or police action against my sister's husband. can she write to the embassy of India in dubai, etc, and to her husband's company complaining against him for not taking care of her and her immature daughter. Her son was working but he on the advice of his father left the job of Rs.30000 pm

your immediate answer is appreciated

Best wishes and regards


Learning

 6 Replies

Shashi Dhara   29 November 2023

File suit for maintenance under S125 of criminal procedure ಕೋಡ್.

Ajai Kumar Yadav   29 November 2023

file suit u/s 125CrPCand sec 12 D.V act

SAM (LEGAL)     29 November 2023

iPhone and a car are not necessity

you need to control your sister expenses

she should save money for future problems

T. Kalaiselvan, Advocate (Advocate)     30 November 2023

Your sister can claim maintenance from him and if he is not giving any maintenance amoiunt, she can file a petition under section 125 cr.p.c. claiming the same legally.

However that will not make him to come to India neither her complaint to his office address may fetch her the  desired relief. 

Her husband is not liable to pay her loans 

Since she has borrowed it is she who has to repay the same including the interest on loan.

 

Dr. J C Vashista (Advocate and Legal Consultant)     30 November 2023

Very well analysed, op.ined and advised by experts, I concur.

Your sister has to file cases u/s 125 CrPC and 12 of PWfDV Act through a local prudent lawyer, if her husband has ignored maintenance of his family

Sayed Maqsood Ahmed   30 November 2023

Thanks sir

Best regards 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register