Husband is not paying maintenace and not ready for mutual divorce

asmita0009 (Querist) 15 October 2013 This query is : Resolved
1 case 1 (DV case) : Since last 2 years my DV case is going on in Vaddoara. When this case was filled Hon Judge had given me the promise to keep pations as he will try to finish my case as soon as possible , so, i should have to avoid the demand of maintence. I was became agree for the same. Then due to some personal reasons my advocate was shifted in other city without giving proper information to me.

2 case 2 : Actually i am staying in gujarat since last 40 years and done simple marrige at Mumbai where my Husband is staying. My most of the relatives are statying at Mumbai and nearby areas. After marraige i came to Mumbai at my matrimonial Home. But then my husband had started mental harrassment and send back to me at Vadodara. Then i went to Mumbai and taken help of NGo as my Husband was there and my most of the relatives who were the mediator of this marrige where staying there. Then i had sent legal notice through advocate to my Husband, that if he will not call back to me then i will file case of Domestic violence act or section 498. But my advocate was careless and done unnecessary late to file the divorce case and waited for reply of notice . So, just FEW DAYS before FILING my case under section 18 HMP , my husband had filed case from in Mumbai for marraige NUll and voide giving reason that before marraige i had taken psychitric treatment for Axiety and i am not able to procure child. Then on juridiction ground this case was rejected by Hon Vadodara court.

3) case 3 : Then My husband had filed case for marrige Null and voide which is going on since last 4 years at Mumbai . court had given me very nominal amount as maintence which is also not deposited by my husnband regularly and my travelling expenses for attend his case i have to bear expenses. All my jwellary , cloths given to me by my parents is in custody of my husband. When i had drawed attention to the judge they said your advocate should do the work on it and Advocate has verious options. The court is not ready to give order to my husband to pay me maintence in advance. Three times i had filed RD for maintence due. Moreover when i told Hon judge that if my Husband will not give me travelling exp i will not attend his case. The judge told that if you will not ccome you that will be your loss.Please note i have not claim legal expenses for my any of the case.

All my jwellary , cloths given to me by my parents is in custody of my husband. My husband is not ready for mutual divoce by giving componsassion to me or could not prove his allegations or submitt avidances that my Anxiety problem is serious and i am not able to procure child. Kindly note i had done late marraige at the age of 36 due to some social problems and with in 40 days he sent me back to my parents home.

So, in all above matter please give me proper guidance, what i can do?

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Adv. Chandrasekhar (Expert) 15 October 2013
First in his null and void case, for the maintenance due you have to file execution petition and seek stay of that case till the amount has not been paid. Next, in the same case you have been granted travelling expenses, which he is not paying. First verify this travelling expense is for one time or for every time. If it is so, you have to file an application showing your inability even to raise loan to come to court and seek direction that husband has to pay travelling allowance in advance. If he does not pay and the case goes ex-parte against you, in that application itself, you clearly mention that you will reserve the right to move application to set aside. It is unfortunate for the court not to understand the distressed condition of the woman and above it failed to get its own order complied. but these things can be done if you will succeed to get a prudent advocate. Last but not least, fight the null and void case on merits effectively without leaving no stone unturned to get positive results.

Devajyoti Barman (Expert) 15 October 2013
If he us not willing then you can not force him to get divorce.
As far as maintenance is concerned you can always file execution proceeding to recover the arrears amount.
You can apply for enhancement of maintenance as well.

R.K Nanda (Expert) 15 October 2013
consult lawyer personally.

Prithvi Raj Sikka (Expert) 16 October 2013
consult your lawyer. If your husband not paying maintenance then court can send him in jail.

Raj Kumar Makkad (Expert) 18 October 2013
I do agree with the advice of Sikka. The property of your husband can also be got attached in the given circumstances.

Rajendra K Goyal (Expert) 21 October 2013
For non payment of maintenance as per court orders husband can be jailed and or his property can be attached.

asmita0009 (Querist) 24 November 2013
Dear Sirs,
Now from above matter in case 3 filed by my husband for marriage Null and void, new problem arise. Cross of my Husband and father in-law and one of relative of my husband is completed. During the hearing my advocate had not asked question to all these people related to streedhan. When i had drawed attention of advocate she had now filled application with prayer to Hon. court to give permission to make maintence and streedhan as an issue. I could not understand what is the need for the same when exhibit already was given by court for my jewelry bills with application for get back streedhan. Also in this case court had passed order for maintence why advocate has filed the application to take the permission to make maintence and streedhan as an issue? When i personally asked the Hon Judge He replied there is no need of this application.

Now my advocate has withdrawn herself from this case and I had decided not to keep advocate in my case. So, please give advice what i can do in this matter? I have prepared my affidavit and it is pending to file. Since last two dates my husband had sent summons to my psychiatric doctor. He wants to give his statement through teleconferencing due to his illness. I am also agree for the same. But advocate of my husband is not ready for the same and they want that my doctor should come to the court. But if doctor is not coming till three dates what will be the next step for me? May i can file affidavit or can take cross of my husband again on pending streedhan issues? Please note that i feel that my previous two advocates had purposely made my case more difficult, however i had paid them good fees.Please advice may i can face the case in court without advocate ? Also may i be able to complain for the same to Govt or supremecourt for free and fare investigation? Please advice.

Devajyoti Barman (Expert) 25 November 2013
After one months you have raised query again on this topic.
It means there is no urgency in it.

Adv. Chandrasekhar (Expert) 26 November 2013
you asked for the proforma of execution petition. The printed form of execution petition is available in the stationary of court premises and you can purchase it and after filling it up and fixing appropriate court fee and enclosing the certified copy of the order to be executed, you can directly file it in the court, where the order is passed. If you are not interested to engage an advocate for execution case, you need not do so, but take the help of court staff.

asmita0009 (Querist) 07 December 2013
thanks Mr. Chandrashekhar,it will become usefull. Meanwhile in this month i told my judge,on next date i will submitt RD application myself and will tell to Hon. Judge to give order to my Husband to clear all RD immedialy and pay me Maintenance in advance Everymonth regulary.