If you are stuck in such a situation, here is what to do.

This is a distressing and increasingly common situation faced by many. A gentleman, Mr. Rohan, from a town in Punjab, sponsored his wife, Ms. Anjali, for her master’s degree in Canada. He took out loans and used his savings, spending nearly ₹90 lakhs on her tuition, accommodation, and living expenses, with the mutual understanding that she would return to India after her studies to build their life together. However, upon completing her course, Ms. Anjali secured a job and informed Mr. Rohan that she found them incompatible and had no intention of returning to India. For the past year, she has severed all communication and has not initiated any legal proceedings for separation or divorce. Mr. Rohan is left in a state of financial and emotional turmoil, fearing a protracted and expensive legal battle and wondering if he can recover the substantial amount he invested in her future.

Advice in such cases

If you find yourself in a similar predicament, it is crucial to act strategically and not emotionally. Here are the immediate steps to consider:

• Gather all documentary evidence. Systematically collect all bank statements, wire transfer receipts, university fee payment records, loan documents, and any written communication (emails, text messages) that discusses the financial arrangement and the plan for her to return.
• Send a formal Legal Notice through a lawyer. This notice should clearly state the facts, detail your request for her to return and resume marital life, and mention the financial support provided. It serves as a formal record of your attempt at reconciliation and can be used as evidence later.
• 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 of 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.
• Explore mediation channels if possible, although this can be difficult if one party is abroad and unwilling to communicate.

Applicable Sections of Law

This situation primarily falls under civil and family law, but criminal aspects can sometimes be invoked.

• The Hindu Marriage Act, 1955 (HMA): This is the primary legislation governing your case.
  • Section 9 – Restitution of Conjugal Rights (RCR): You can file a petition asking the court to direct your spouse to return and live with you. If she fails to comply with the court’s decree for over a year, it becomes a valid ground for you to seek a divorce.
  • Section 13 – Divorce: You can file for divorce on the grounds of ‘Desertion’ (if your spouse has abandoned you for a continuous period of at least two years without reasonable cause) and ‘Cruelty’ (her actions of abandoning you after taking substantial financial help can be argued as severe mental cruelty).
• Civil Suit for Recovery of Money: You can file a separate civil suit to recover the money spent. However, the success of such a suit is challenging. The court may view expenses within a marriage as gifts or part of marital duties unless you have a clear, written agreement that specifies the amount was a loan to be repaid.
• Bharatiya Nyaya Sanhita, 2023 (BNS): In some cases, if it can be proven that her intention was fraudulent from the very beginning—that she married you solely to obtain funds to go abroad with no intention of fulfilling marital obligations—a criminal case for Cheating (Section 316 of BNS) could be explored. Proving this dishonest intention from the outset is extremely difficult.

If you are the complainant

As the aggrieved husband in this scenario, your legal path would involve the following steps:

• File a petition for Restitution of Conjugal Rights (RCR). This is often a strategic first step as it demonstrates to the court your willingness to save the marriage. It puts the onus on your wife to provide a valid reason for staying away.
• Alternatively, or after the RCR decree is not complied with, file for divorce on grounds of desertion and mental cruelty. The act of using you financially and then abandoning you constitutes a strong case for mental cruelty.
• Simultaneously, you can initiate a civil suit for the recovery of the funds. Be prepared with meticulous financial records. The outcome will heavily depend on the evidence you can produce to show that the money was an investment or loan, not a gift.
• 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 of 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.

If you are the victim

As the party who has been wronged, it is vital to protect your legal position and well-being:

• Document everything meticulously. Keep a timeline of events, save all communication, and organize all financial proofs. This documentation is your most powerful tool in court.
• Refrain from any form of harassment, threats, or defamatory posts on social media against your spouse. Such actions can weaken your case and potentially lead to legal trouble for you.
• Understand the process of international service of summons. Getting a legal notice or court summons served on a person in a foreign country is a formal process that can be routed through the Ministry of Home Affairs and the embassy in that country, often governed by international treaties like the Hague Service Convention.
• 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 of 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.

How the police behave in such cases

Approaching the police in such matters usually has a limited outcome. This is because the dispute is primarily matrimonial and civil in nature.

• The police will likely refuse to file an FIR for simply “not returning” from abroad, as it is not a criminal offense. They will direct you to the Family Court.
• They may be hesitant to register a case of cheating under the BNS unless you provide very strong preliminary evidence of a pre-planned fraudulent intention at the time of marriage.
• In essence, the police have a very limited role. The primary remedy lies in the civil and family courts, not the police station.

FAQs people normally have

Here are answers to some common questions in such situations:

• Can I get a divorce in India if my spouse lives abroad?
  Yes, you can file for divorce in the Family Court in India where you last resided together or where the marriage was solemnized. The challenge lies in serving the legal summons to your spouse abroad, which can be a time-consuming process.
• Can I get back the money I spent on her education?
  It is difficult but not impossible. You must file a civil recovery suit and prove that the money was given as a loan or based on a specific understanding of return, not as a gift. A written agreement is the best evidence, but even without it, a case can be built on circumstantial evidence and communication records.
• Will I have to pay maintenance (alimony) to her?
  The court decides on maintenance based on the financial status of both spouses. Since your wife is educated and employed abroad, likely earning a good income, her claim for maintenance would be weak. You can argue that she is self-sufficient and does not require any financial support from you.

What evidence is required?

To build a strong case, you will need comprehensive evidence:

• Proof of marriage (Marriage Certificate, photographs).
• Proof of all financial transactions made for her education and stay (bank statements, university receipts, international wire transfer details, loan sanction letters).
• All communication records (emails, WhatsApp chats, text messages, call records) that show the initial agreement, your attempts at reconciliation, and her refusal to return.
• Evidence of her current employment and residence abroad (if available, e.g., from her social media profiles).
• Witness statements from family or friends who were aware of the arrangement.

How long will the investigation take?

In civil cases like divorce or RCR, there is no police “investigation.” The process is adjudicated by a judge in a Family Court. The timeline for the entire court process can be lengthy, especially with an international party involved.

• Service of Summons: This alone can take 6-12 months as it involves international procedures.
• Contested Proceedings: If your wife decides to contest the case, the entire process, from filing the petition to evidence, arguments, and final judgment, can take anywhere from 3 to 7 years, or sometimes even longer, depending on court backlogs and procedural delays.

Advocate Sudhir Rao, Supreme Court of India