Oci wife being dragged in australian court

Alos My husband is OCI as well. He has been living in australia for past one year and i was in aus for past 2 years but i travel in and out of country based on my work requiremetns. i dont have any house in australia and there had been no physical contribution by my husband in my property which is mainly a savings i made from my past earnings.

Mam,

You can file a divorce case in India on the grounds of mental cruetly and seek lumpsum alimony under Section 25 of the HMA, becasue your case is covered under HMA and not any Australian Law.

You better intiate the proceedings in India and let him become the party to it .

Fell free to call and discuss.

Warm Regards

Kapil Chandna Advocate

09899011450

I disagree with Advocate Kapil Chandna ji: HMA 25, just like HMA 24, is a gender neutral law. She is in a better financial position than her husband. So the husband too is entitled to launch an application under HMA 25 for permanent alimony. The Court will decide whose application of 25 will succeed.

25. Permanent alimony and maintenance.-

(1) Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall, while the applicant remains unmarried, pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property, if any, the income and other property of the applicant and the conduct of the parties, it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.

Reference: The Hindu Marriage Act, 1955.

The author nicely lived with her husband until she received her Australian citizenship in 2010, and left her husband in 2011, probably on the same day when she received her OCI, and now she thinks she can suddenly disregard the laws of Australia by ditching responsibility towards her husband. In Australia, a spouse with means needs to pay maintenance to the spouse who needs the support. The Court will consider his mental illness very seriously and into his favour.

Lady, if u wanna avoid paying ur husband maintenance in Australia, u better pack ur bags and leave Australia to go work somewhere else. Getting a divorce through the Hindu Marriage Act or the Zulu Marriage Act or the likes will not exempt u when he prays to the Australian Court for his maintenance. The Australian Court will certainly consider the amount paid to ur husband by u in India, if any, and if u can prove it. If the Indian Court decides not to grant maintenance to ur husband, it's decision will have no binding force on the Australian Court. If the Australian Court awards him maintenance and u failed to pay, ur wages will be garnished, and ur assets will be seized if required. The Courts there do not work as slow as the ones in India. Any money he spends, in efforts to collect overdue payments, will be charged to u.