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RHi everyone,
I’m seeking legal advice for my friend, who is currently in Australia and going through a tough legal battle with her husband. Since their wedding took place in India, we want to understand what legal options she has here as well.
Background:
My friend, an Indian origin(candian now), was previously in a court marriage that ended in separation.She didn’t disclosed about this marriage to her family, it was stupid decision which took in her young age!!
Afterwards due to family pressure, she went through second marriage which was arrange marriage with an Australian citizen.She was honest with her present husband about her past three days into their courtship, and he also disclosed his own five-year live-in relationship with an Australian-origin woman (which his family knew).
They got married in November in India with both families involved. There was a significant exchange of expensive gifts between families.
Now, after marriage, he is asking her to leave Australia and return to Canada (where she is a resident), claiming he can’t get over her past. Initially, she thought it was grief-related, as his father passed in January.They moved Australia in February, stayed in india till guys father passed away.
Before taking any legal action, he threatened her, saying that if she didn’t leave quietly, he would disclose her past to her parents, knowing it would deeply hurt them.
She refused to be blackmailed and decided to fight back legally.
When blackmail didn’t work, he started misusing the legal system to intimidate her.In the last 9 days, he falsely accused her of attempting suicide twice, called the police, and took an intervention order to remove her from his house.
Today, while she was staying at a friend’s place, he called the police again, falsely accusing her of stealing his gold. The only gold she took was a set gifted to her by her MIL, which she intends to return but only ro her since she doesn’t trust him.And aus police was ok with it aswell.Meanwhile, all her jewelry is in India with her MIL.
His family in India is avoiding calls, making it impossible for her to communicate.
Legal Questions (India):
Since the wedding took place in India and her belongings are still with his family, we want to know:
1. Can she file cases in India while fighting her case in Australia?
2. What legal action can she take against him and his family under Indian law ?
3.The mental harassment the guy is causing her making himself victim ad her a fraud who didn’t disclosed her past is horrifying!!
4.Should she wait for the Australian court judgment first, or can she start legal proceedings in India in parallel?
If anyone has experience with NRI marriage disputes, legal advice would be greatly appreciated.
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BLawyer here based in Delhi. She could file cases here in India if the cause of action in part/wholly arose in the territory of India. It’s a separate thing that it could be cleverly manipulated in such scenarios involving disputes between NRI’s but that would require an in depth explanation of the situation.
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