One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
TL;DR: Under Indian law, a wife can claim maintenance, recovery of her assets (including gold and streedhan), and her medical expenses from a husband who deserts her. Even if he lives abroad, you can file cases in India. The law does not allow a husband to abandon his wife without consequences — especially after she made major life decisions based on his consent.
Priya was 34 when she married Vikram in a traditional ceremony in Jaipur in June 2024. Vikram, an IT professional with a German Blue Card, lived in Munich. Priya quit her job as a teacher in a private school in Jaipur by March 2025, expecting to join her husband in Germany by July 2026 under a family reunion visa. But things unravelled fast. In January 2025, Priya underwent a major fertility surgery — ovarian tissue preservation — after Vikram gave explicit written consent. The couple planned a family. Her doctors in Jaipur confirmed his consent on record. However, three days before his flight back to Germany in late April 2025, Vikram texted Priya and her parents: he would not return to India, he wanted a divorce, and he was cutting all contact. He also took her gold jewellery worth over ₹12 lakh, which his mother had been holding. Priya's parents and brothers tried calling him and his family — no one answered. For two months, she was left jobless, recovering from surgery, and utterly broken. Her initial attempts at a civil lawyer in Jaipur went nowhere. Then she approached the Chamber of Advocate Sudhir Rao. The office understood the layered complexity — family law mixed with criminal provisions on dowry and desertion. Advocate Sudhir Rao and his office filed a maintenance petition, a criminal complaint for dowry harassment and cruelty, and a civil suit for recovery of streedhan. The expertise in handling cross-border matrimonial disputes ensured evidence was gathered efficiently — including emails, WhatsApp chats, and medical records. Within four months, the court issued notices to Vikram via diplomatic channels and ordered interim maintenance of ₹50,000 per month plus medical reimbursement.
Key Facts of the Case
- Marriage was solemnised in Jaipur under Hindu rites in June 2024.
- Wife quit her job in March 2025 on husband's assurance of moving to Germany.
- Husband gave written consent for wife's fertility surgery in January 2025.
- Husband abandoned wife via text message in late April 2025, refusing all contact.
- Wife's gold jewellery worth ₹12 lakh was in custody of husband's mother.
- No children were born from the marriage.
- Wife filed maintenance, criminal complaint for cruelty, and civil suit for recovery of streedhan.
- Court invoked provisions of the Bharatiya Nyaya Sanhita and the Hindu Marriage Act for effective relief.
The Direct Legal Answer
Yes, the Indian judiciary provides strong support even when the husband is abroad. Here's how:
Can the wife claim maintenance from a husband living in Germany?
Yes. Under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), a wife can file a maintenance petition in the court where she resides or where the husband last resided in India. The court can send notices via the Ministry of External Affairs or through the German consulate. Non-compliance can lead to attachment of the husband's property in India or even a look-out circular.
What about the gold jewellery and her personal assets?
That is classified as streedhan — a married woman's absolute property. The husband or his family has no right to retain it. A civil suit for recovery of streedhan, coupled with a criminal complaint under Section 85 of the Bharatiya Nyaya Sanhita (cruelty) and Section 79 (dowry demand), can compel return of the gold. Courts often treat such retention as theft or criminal breach of trust.
What if she does not want a divorce?
Indian law does not force a divorce on an unwilling spouse. Desertion by the husband is a ground for the wife to seek judicial separation or restitution of conjugal rights — but she is not required to file for divorce. She can simply file for maintenance, recovery of assets, and criminal remedies while the marriage remains intact. The husband cannot unilaterally end the marriage under Hindu law without a decree from a competent court.
Advice in Such Cases
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Here's what else matters: Do not respond to any text or call from the husband without your advocate present. Everything you write can be used as evidence. Also, collect every document now — medical records, bank statements, WhatsApp chats, emails, and photos of wedding gold. These will be crucial for both maintenance and criminal cases.
Matters involving a spouse living abroad are procedurally complex. They require knowledge of cross-border service of summons, diplomatic channels, and how to invoke Indian criminal jurisdiction over a non-resident. A general practitioner who handles only local family disputes may struggle with the international dimension. An advocate who regularly handles NRI matrimonial matters will know exactly which court to approach and how to trace assets back in India.
Applicable Sections of Law
This is a mixed civil-criminal case. Here are the key provisions:
- Section 144 BNSS (1958 equivalent) — Maintenance for wife, children, and parents.
- Section 85 BNS — Cruelty by husband or his relatives (downward demand, mental or physical harassment).
- Section 79 BNS — Dowry death (if applicable) or dowry demand linked to cruelty.
- Section 13(1)(i-a) Hindu Marriage Act, 1955 — Grounds for divorce only for the aggrieved spouse, not the deserter.
- Order 39 Rule 1 & 2 CPC — Temporary injunction to restrain husband from alienating assets or disposing of streedhan.
- Section 27 Hindu Marriage Act, 1955 — Court's power to order return of property given at the time of marriage.
Punishment and Penalties
Under Section 85 BNS, cruelty is punishable with up to three years imprisonment and fine. Dowry demand under Section 79 BNS can lead to five years imprisonment and fine. Both are cognizable (police can arrest without warrant), non-bailable (bail is discretionary), and non-compoundable (cannot be settled out of court easily). The husband faces these consequences if he is found guilty.
Jurisdiction — Where to File the Case
For maintenance, the wife can file in the family court or magistrate court at the place where she resides. In this case, Jaipur has jurisdiction. For the criminal complaint (cruelty/dowry), she can file an FIR at the police station where the matrimonial home is located or where she last lived with her husband. For recovery of streedhan, the civil suit must be filed in the court having pecuniary jurisdiction based on the value of gold (₹12 lakh). Jurisdiction matters because the wrong court can delay the case by months.
Interim Reliefs Available
In civil matrimonial matters, interim reliefs are critical. The wife can ask for:
- Interim maintenance — Under Section 144 BNSS, the court can order temporary maintenance from the date of application, not just from the final order.
- Interim injunction — Under Order 39 Rule 1 & 2 CPC, the husband can be restrained from selling or transferring any property in India, including his share in ancestral property.
- Attachment before judgment — Under Order 38 CPC, where the husband is likely to dispose of assets, the court can attach those assets to secure the wife's claim.
Why this matters: The wife in this case obtained an interim maintenance order within four months. The husband cannot now sell his flat in Jaipur or withdraw his fixed deposits without court permission.
Limitation Period
Under the Limitation Act, 1963: A suit for recovery of streedhan must be filed within three years from the date the property was demanded and refused (Article 113). A maintenance application under Section 144 BNSS has no fixed limitation — it can be filed as long as the wife is in need. However, delay in filing the criminal complaint for cruelty should be explained. In this case, she filed within two months of abandonment, which is well within time.
If You Are the Victim
- Do not delete any messages, photos, or emails — these are your strongest evidence.
- File an FIR at the police station where you last lived together — include dowry demand and cruelty allegations.
- Simultaneously file a maintenance petition in the family court or magistrate court of your residence.
- File a civil suit for recovery of streedhan immediately — the court can order return of gold within weeks as interim relief.
- Do not speak to the husband or his family directly. Let your advocate handle all communication.
Documents You Must Keep Ready
- Aadhaar card and PAN card (identity and address proof)
- Marriage certificate and wedding invitation card
- Medical records, consent forms, and doctors' notes about the fertility surgery
- Bank statements showing your salary account closure or resignation letter
- WhatsApp chats, text messages, emails where husband mentions abandonment or divorce
- Photos or proof of gold jewellery and its estimated value
- Any communication from the husband's family demanding or retaining gold
- Passport and visa documents (if any) related to the Germany plan
What Evidence Is Required?
- Primary evidence: Original consent letters for surgery, medical records, signed wedding photos, original bank statements.
- Secondary evidence: Certified copies of WhatsApp chats, screenshots of text messages, printouts of emails (Section 65B of Evidence Act certification needed for electronic evidence).
- Witness testimony: Family members who witnessed the dowry demands, doctors who can confirm the husband's consent and the surgery's impact.
- Expert evidence: A medical expert's report on how the surgery permanently reduced ovarian reserve — relevant for claiming future medical costs.
- Documentary evidence: The text message from the husband stating he wants a divorce and will not return — this is a clear act of desertion.
How Courts Typically Approach Such Cases
Family courts in India are sympathetic to a wife who has been abandoned after making life-altering decisions based on her husband's promises. The court will first look at whether the wife made herself available to join the husband and whether the husband unilaterally broke the marriage. Maintenance is almost always granted if the wife has no independent income. For streedhan, courts treat the wife as the absolute owner — retention by the husband or his in-laws is akin to theft. The court will also assess whether the husband's family demanded dowry; if evidence exists, criminal proceedings under BNS will proceed parallelly. The overall approach is to restore the wife to a position she would have been in had the husband not deserted her.
Timeline of Legal Process
- Filing of maintenance petition: 2-4 weeks for drafting and filing.
- Service of notice on husband (cross-border): 3-6 months via Ministry of External Affairs and German consulate.
- Interim maintenance order: 2-4 months from filing if husband is served or court deems service sufficient.
- Civil suit for streedhan: Interim injunction within 2-3 months. Final decree: 12-18 months.
- Criminal complaint (FIR to chargesheet): Investigation: 3-6 months. Trial: 12-24 months in magistrate court.
- Appeals: If either party appeals, an additional 6-12 months per appeal.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Yes, but with caveats. The criminal complaint for cruelty and dowry demand (Section 85/79 BNS) is non-compoundable — the court cannot simply drop it upon settlement. However, if the parties agree on a financial settlement, return of gold, and a mutual divorce, the wife can withdraw the maintenance petition and civil suit. The criminal court will then consider the settlement while deciding punishment, possibly granting a lighter sentence or acquittal. Mediation through the family court or a private mediator is encouraged. Lok Adalat is also an option for pending civil matters, though criminal cases are excluded. Settlement is advisable only if the wife gets full financial restitution and medical expenses, and her consent is free.
Common Mistakes People Make
- Engaging a lawyer who does not regularly handle NRI matrimonial or cross-border cases — jurisdictional and service issues are easily missed by a general practitioner.
- Deleting messages or clearing chats — electronic evidence is crucial and must be preserved with proper certification.
- Reacting emotionally on social media or calling the husband's family directly — every word can be used against you in court.
- Ignoring the criminal angle — many wives focus only on maintenance and forget that dowry demand and cruelty are criminal offences that strengthen their position.
- Delaying the filing — the longer you wait, the harder it becomes to explain why you did not act sooner, especially for criminal complaints.
- Signing any document from the husband without your advocate reviewing it — a signed divorce petition or settlement deed can kill your claims.
FAQs People Normally Have
Can I claim maintenance if my husband is abroad and has no assets in India?
Yes. The court can issue notice to the husband. If he does not appear, the court can still pass an ex-parte order. Enforcement may require attachment of any property he owns in India — including ancestral property. If he has none, the court can send the decree to Germany for enforcement under international conventions.
What if my husband files for divorce in Germany?
Under Indian law, a German divorce decree will not be automatically recognised in India if the wife did not submit to the German court's jurisdiction. You can challenge its validity in Indian courts. Meanwhile, your maintenance and criminal cases in India continue independently.
Can I be forced to return the gold if I have already given it to his mother?
No. The gold remains your streedhan. You can file a civil suit for recovery and a criminal complaint for theft or criminal breach of trust against the mother-in-law. Courts treat retention of streedhan as a serious offence.
Do I need to file for divorce to get maintenance?
Not at all. Maintenance under Section 144 BNSS is available even during the subsistence of the marriage. You can file for maintenance without seeking divorce.
What happens to my Germany residence permit if we separate?
Family reunion visas are usually tied to the marriage. If the marriage breaks down, the German authorities may revoke or refuse renewal of the permit. However, you can apply for a separate visa on humanitarian grounds if you have medical needs or if you are a victim of domestic violence. This is a separate immigration matter, not a legal issue under Indian domestic law.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India