Nri abandonment

File maintenance and DV Act cases.

Dear Lakshmi,

Your best bet is to file 498A/DV Act  cases - to arm-twist him into meeting his liabilities and not to shirk from responsibilities. The Criminal process is the only resort now, he won't paid heed to S.9, and bear in mind one more thing that any divorce obtained by him there ex parte (without you being called or you not being able to go there) won't be of any effective use here in India, and courts won't recognise the same as per S.13 of the CPC

Ms. Laxmi,

I agree with Mr. Bharat Chugh's advice.  I do not think that RCR is a right thing for you to take up for the reason after some time it can be used against you by your husband for getting divorce decree. 

@ Bharat and Chandu


Fantastic suggestions by you two, the lady has already filed S. 9 HMA on one side and now to arm twist either file S. 498a IPC OR DV is suggested by you two.


I disagree to both of your advise since the lady wants to retain her matrimony even in times of her (assumptive) abandonment and when she met long time ago with an advocate she said that, that is why that Advocate of hers suggested her to file S. 9 HMA and do not tell forum that only you two advocates heard of S. 498a IPC / DV Act!


She can always add Maint. part for herself and her child with S. 9 HMA and even if she wants she can file S. 125 CrPC.


DV is again not applicable, say a couple stayed in Mars which is outside Jurisdiction of India it becomes ‘gospel truth’.


Finally even if bar of S. 13 CPC there club with even she files via either one of you two advocates S. 498a IPC or DV it cannot be executed and she will end up graying her hair going to one criminal court to another. Reason is that the guy is after his ‘GC’ and if either of you handled ever NRI cases then take that hint from me and I need not have to put them in more B/W again and again here how few of my Advocate brothers suggest 'arm twisting' openly to ladies in public forums without taking more cues from same ladies and or applying simple application of mind. 

A big Appalause to Sir Tajobsindia. 

@ Bharat and Chandu

Dont forget... tommorow you yourself might be a Victim of 498A ... The whole world knows this is Grossly being misused

I agree with Adv. Tajobsindia and recent example is case of mine. As advised in this forum my wife's lawyers (Plural) advised her to file all such cases (Fake Ones) assuming that one day i will be deported to india. It never happened finally after changing several lawyers she realized that she waisted 4 years of her time and money for no outcome. There might be a mechanism to bring criminals (Husbands) back india but same has to be explained to foreign authorities it is not easy and almost next to impossible especially when husband is foreign national but i am not discouraging anyone here although it is a very lengthy and long procedure. My best advice is by directly speaking with boys family or keep a mediator to resolve this issue else wait until indian government comes up with such quick mechanism.

Dear Laksmi

if you want to settle the matter and live with your cruel husband,no need to file any case against him, settle the matter with the relatives and family members and talk to him personally, think about the reason, why did he do this type of activities with you? court is not only a solution of a family problem, firstly try to settle the matter without interfare of police and courts.

feel free to call

Pls let me know whether you are an lawyer  . I like to contact you regarding my case.