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mitali (na)     04 May 2013

Husband is trying to esape

RESPECTED LAWYERS,

MY HUSBAND FILED A DIVORCE CASE AGAINST ME BASED ON FALSE ALLEGATIONS IN BANGALORE.I FILED A MAINTENANCE CASE IN AGRA AND FILED A TRANSFER PETITION IN SUPREME COURT.NOW MY HUSBAND IS APPLYING FOR WORK VISA .HE IS TRYING TO ESCAPE FROM INDIA.I WANT TO STOP HIM FROM LEAVING THE COUNTRY .I DO NOT KNOW HIS PASSPORT NO.HOW SHOULD I PROCEED?



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 6 Replies

Adv Archana Deshmukh (Practicing Advocate)     04 May 2013

Filing a divorce case or being a respondant in a maintainance case is no bar for a person to move out of India. You cannot stop him from going abroad on these grounds. As far as cases are concerned, you can continue with the cases. If he does not come to lead evidence in his divorce case, it shall be dismissed. The maintainance case can be proceeded ex parte against him and if some maintainance order is passed against him, then you can recover it from his property.

mitali (na)     04 May 2013

what cases need to be filed to stop him?

Adv Archana Deshmukh (Practicing Advocate)     05 May 2013

From the brief info given by you I don't find any reason to file any more case against him. If you suspect that the maintainance decree would not be obeyed bcoz of he moving out of India then at the most you can seek attachment of his property before judgment on that ground. I will not suggest you to file any false case just in order to stop him for going abroad. In that case I can't help you.

mitali (na)     05 May 2013

thanks .first of all all my ornamets other belongings clothes dowry are still with him.i went through immense mental pressure and agony.my husband threw me away from the house after torturing me.still i didnt file any case against him bcause i wanted reconcillation.but he is escaping for his own good after spoiling my life .he is the one who filed divorce case against me.i am paying court fees after selling off mother's ornaments.my inlaws also tortured me to no extent.can i get back all my belongings ornaments and other  furnitures?

Anjuru Chandra Sekhar (Advocate )     06 May 2013

Your ornaments form part of Stridhan.  You can file U/s.406 of IPC to recover them while continuing your case of maintenance with him. 

Sudhir Kumar, Advocate (Advocate)     18 May 2013

agreed with experts above


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