Nri husband & 125crpc

Querist : Anonymous (Querist) 05 December 2011 This query is : Resolved
Hi Friends,
My sister married in the year 2009 to boy who is citizen of Malaysia & living wid his whole family in Malasis.Their behaviour against my sister was very cruel.They have no issue,now my sister came to India in the last two months,they people never contacted my sister,now she want divorce under HMA & maintance u/s 125 crpc.They do not have any property in India.Kindly suggest me what is the procedure for it.Can she get even permanent alimony instead of maintance u/s 125 crpc.Please explined all provisions & procedure very elobrately
Thanks

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Devajyoti Barman (Expert) 05 December 2011
Under this provision the wife is entitled to maintenance as per the income and status of her husband.
The order passed in this proceeding is implemented through punishment and not by attachment of property.
So if her husband violates the order of maintenance by not complying the same , non bailable warrant of arrest can be issued against him.

Shonee Kapoor (Expert) 05 December 2011
Yes, they can. If you go for negotiated divorce.

Otherwise how would you execute the decree for any award of maintenance.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com