I am Karminder from Vancouver. I have found your email id on the website related to family issues. I need your advise on some issues. I was married in 2010. I and my husband came to Canada in 2012.
1. First of all I wished to patch up. I tried to contact him but no results.
2. If I register 498 then what will happen, who will be the victims, what will be the punishment, how long I have to stay in India, what action will they be able to take against me?
3. If no there is no hope then how can I take my share in property?
4.His family is in contact with him but they are concealing this fact. If they publish a notice in the newspaper, they will escape from any police case.
Please reply soon to my questions. What action can I take? Can I file a complaint from Canada? What is the procedure to file a complaint and what are the other legal actions a wife can take against her husband?
What is the need for 498a? From your story it is not clear at all.
Thanks for your reply. I'm sorry I have not given full details of my problem. I have the following issues.
I and my husband came Canada in November 2012. He applied for this before our marriage. Our married life was not smooth.
I tried my best to make our married life successful. He came to Canada without informing me. Then I took the flight and came here after three days. After a period of hardly 2 months he came for a meeting with my family and he said that he has no problem with me and that we will live together with his relatives. After a few days he went for work and never came back. This happened in January 2013. His parents were here (from USA) at that time to resolve the problem. When he left without informing anyone they harassed me and after two days they left me at my sister's home. Whenever we contacted them they said that they do not know anything.
My uncle arranged a panchayat meting in their village to ask them what they want. His brother said that he will talk to his family and then give the answer. But approximately 6 months have passed with no result. I tried to contact them but no result. I had a government job in India. Due to these people I lost my job. I suffered too much. It's almost 1 year since he left but i was still waiting for him. I had 100 percent commitment for this relationship, but i did not get anything. Now I'm totally fed up with all this and I want to close this chapter. So I need your suggestions
1. I tried to contact him but he is controlled by his relatives. I found his phone number indirectly with much difficulty with the help of my friends and connections and tried to call him. The persons helping me gave my number to him but no result. He never answered the phone. He left no direct answer from his side. neither no nor yes.
If he comes back i have no interest in money and property.
2. Same as above.
His brother and sister-in-law are in India and we were living in joint family there. They played main role in all this. I was a free of cost servant for them.
3. Same as above.
4. Same as above.
Since there is no dowry demand you may file for divorce on grounds of cruelty in the form of denial of conjugal relations. If marriage has not been consummated then annulment (similar to divorce in its effect) may be filed on grounds of impotence (inability to consummate the marriage), subject to any time limit for such filing provided in the Hindu Marriage Act.
If the other party does not appear then ex-parte divorce will be granted to you in the court in India. You may claim alimony of an amount which you feel is suitable. You may organise a panchayat of elders to boycott them for harassment of an innocent lady, though you may have to be careful because these days there is a witch hunt against panchayats. Panchayat may also (in effect) dissolve the marriage and instruct the parties to apply for mutual consent divorce in a local court, with a provision for a fine of any amount deemed suitable by the elders. Customary divorce provision by panchayat is also something which you should find out from your state government in India. This is the quickest form of divorce in our country, but may perhaps not be recognised in Canada.
Since you have migrated to Canada you should look at their laws to see how best a woman can get permanent residence in that country in the event of being abandoned by her spouse. A complaint to the local authorities about desertion may cause serious problems for your husband in terms of his ability to continue to live as a permanent resident in that country. He may also be forced by the Canadian government to make regular payments to you, in addition to any government relief for which you may be eligible.