How far wife can go if the husband is a nri?

Dear Puneet

Thanks Nadeem,so it means the wife cannot do anything much other than getting ex-party divorce.Or filing some false charges and greying her hair waiting for husband to return.

I think you are viewing only one side of coin. If she is clever, she may file section 9 petition for restitution of conjugal rights and 498A and DV protection orders.

If you do not appear in any of the cases, in 498A you may be declared proclaimed offender and hence there would be fear of arrest whenever you come to India. Besides, you will not be able to get property here in your name.

Court may proceed ex-parte in rest of the cases. If your parents resides here and both of you have ever resided with them, she can have protection order for residence in shared property.

There may be number of such other circumstances depending on the approach of her advocate. Hence, I will suggest you to have a good advocate here and defend your self in court properly.

Regards

Goutam Prasad

Advocate

Supreme Court of India

Mob: 9810753838

https://www.aegisjurist.com

https://www.facebook.com/aegisjurist

Goutam as mentiond by you

"If your parents resides here and both of you have ever resided with them, she can have protection order for residence in shared property."

As mentioned in this case the person is NRI and couples not residing together.In this case what is shared property when the husband is not having any share in his parents property ? What would happen when the parents makes a will saying that their son is NRI and not living with them and caring for them so he does not inherit the property ?

If a person who is a NRI working and living abroad and never visited India in last 2 years and met his wife and the wife lives with parents of the husband and this house is in name of parents and not husband.

Then where is the shared household ?

In this situation does wife have any rights to live in the property of husbands parents?

@Aakash, 

Wife deserted husband some years back. After desertion husband sold the matrimonial home. Bought new home in name of mother now if wife's clothes, closets etc and couple of gifts she brought in marriage (the one now she claims to be dowry items) like fridge TV etc are in the new home of MIL and wife has never visited that home. can she claim share in that property? Also, can she get order from the court to legally enter in that home because her so called bullsh*t dowry items are lying there?