Answer By law4u team
When a spouse relocates to another state or country with the intention of avoiding maintenance payments, the aggrieved spouse still has legal options to enforce the maintenance order. However, enforcement across different jurisdictions—especially international ones—can be complex, but there are several legal provisions in Indian law and international treaties that allow for cross-border maintenance enforcement.
Legal Recourse for Enforcing Maintenance:
Jurisdiction and Enforcement Within India (Across States):
If the spouse relocates to another state within India to avoid maintenance, the jurisdiction of the family court does not change based solely on relocation. According to Section 125 of the Criminal Procedure Code (CrPC), the court that initially issued the maintenance order can continue to exercise jurisdiction, regardless of the spouse’s new location.
The aggrieved spouse can seek enforcement of the maintenance order in the court of the new location. The family court in the new state can issue enforcement orders (such as garnishment of wages or property attachment) if the spouse has failed to comply with the maintenance order.
Enforcing Maintenance Orders Across Borders (International Relocation):
International Enforcement:
If the spouse relocates to another country, enforcing maintenance orders becomes more challenging but not impossible. India is a party to the Hague Maintenance Convention (2007), an international treaty that facilitates the recognition and enforcement of maintenance orders across borders between participating countries. If the destination country is a signatory to this treaty, the aggrieved spouse can seek enforcement through the local authorities or courts in that country.
Bilateral Agreements:
India also has bilateral treaties with certain countries for the enforcement of maintenance orders. These treaties provide a legal framework for the recognition and enforcement of Indian family court orders in foreign jurisdictions.
Reciprocal Enforcement of Maintenance Orders (REMO):
If the foreign country where the spouse has relocated does not have a treaty with India, the spouse may still seek assistance through the Reciprocal Enforcement of Maintenance Orders (REMO) system. This allows Indian courts to request maintenance enforcement through the relevant authorities in the foreign country.
Legal Remedies and Enforcement Mechanisms:
Attachment of Property:
If a spouse relocates but continues to own property in India, the aggrieved spouse can request the court to attach the property to recover maintenance dues.
Wage Garnishment:
If the spouse works abroad, some countries may allow for wage garnishment or direct deductions from the spouse's salary to fulfill maintenance obligations. The Indian family court can collaborate with foreign authorities to facilitate this process.
Contempt of Court:
If a maintenance order is ignored or willfully violated, the aggrieved spouse can file for contempt of court. This may lead to penalties or imprisonment for the defying spouse, although this is more effective within the Indian jurisdiction.
Recognition of Maintenance Orders in Foreign Countries:
Even without international treaties, Indian family court orders can sometimes be recognized by foreign courts, depending on the principles of reciprocity and the laws of the foreign country. This recognition often requires the aggrieved spouse to initiate legal proceedings in the foreign country, presenting the Indian court's maintenance order for recognition and enforcement.
Legal Advice and International Law:
Enforcing maintenance orders across borders often requires navigating complex international law, and the aggrieved spouse should seek assistance from an experienced family law attorney who specializes in cross-border legal matters.
Indian consulates or embassies in the foreign country may also provide assistance or guidance for enforcing maintenance orders under applicable international conventions or treaties.
Example:
If a husband relocates from India to the United States to avoid paying maintenance after a divorce, the wife can still approach the Indian family court, which can initiate the enforcement process through the Hague Maintenance Convention if the US is a signatory. Alternatively, she can seek the help of an Indian consulate in the US to facilitate the enforcement or use local legal mechanisms to attach the husband's salary or bank accounts.
