Hi!

 

I filled a case on my husband, his parents under Domestic violence Act, court gave judgment for maintenance of Rs 5,000/- and Rs 5,000/- for house rent, plus Rs 50,000/- as additional amount. It is stated in the order that the Non Applicant no: 1 (i.e. my husband) has to pay maintenance from date of application, Rent from date of order & lump sum amount immediately.

 

He appealed against this judgment in district court but did not take any Stay on this order, his lawyer has asked the court to get the case file from lower court, and I have not yet received any summons for this case, now I applied for recovery of the amount in the lower court.

 

The notices for recovery case were sent to all the three (he & his parents), but returned back un-served as they said that he (mu husband) is not staying with them anymore & has left the house, His father & mother also did not accept the notice as the police said that they were not available.

 

I don’t know whereabouts of him, where he is living, where he is working, weather he is in India or not (I suspect he is out of country).

 

I would like to add some more information to this;

 

I had applied for maintenance under section 125 & court ordered Rs 3,000/- as maintenance from the date of application. Against this order also he has appealed in District court & has not taken any stay against this order also.

 

I had filled case under 498a which went against me; & he and his parents got released.

 

He has filled case of RCR which is kept on hold due to my application, until the interim maintenance ordered in this case is paid up to date, here also he has appealed against this interim maintenance in High court.

 

I have no proofs of his income, he doesn’t have any movable / non-movable property, bank balance etc, He is stating that he is un-employed and do not have any source of income & has put up an affidavit in the court accordingly.

 

I am educated up to Bachelors of Arts (B.A) & have done private short courses, but I am not working.

 

I would like to know:-

 

What will be the status of my recovery case, if the DV case file has to be forwarded to the district court, will my case for recovery be held up / defeated?

 

How can I make him pay the maintenance as he is absconding?

 

What steps shall I take so that he will come to the court? How shall I make his passport be submitted / confessed by the court as I suspect that he is out of country?

 

How can I make his parents pay for my maintenance and will the court gives an order asking his parents to pay, but all the orders passed are against him?

 

What should be my stand in district court against both the cases put by him?

 

As maintenance is granted in both the cases, what amount shall I get as maintenance, or will both the cases be defeated in district court? As I don’t have any proof of his Income?

 

How should I proceed further to get money from him or his parents as I am in need of money?

 

What possible steps can be taken by my so called husband & his parents to defeat my claim? So that I can prepare myself to counterfeit those steps, and succeed in getting maintenance from him?

Thank you

If husband was living when you filed case against your husband & his Father-------and  now he abscond--Its seems that he hide himself with cospiracy so that he might not pay you maintenance.

File a case against this conspiracy also move the application before pending cases.

Produce application u/s 126 Cr.Pc for recovery- Court may recover amount from his property if any --- Issue arresting warrant--- Absconding proceeding u/s 82, 83 Cr.pc

If know his passport no. than inform to court that husband intension to run away from court jurisdiction. Court will ban/blocked his passport.

If husband filed complaint case- than case will be dissmissed or exparty against him.

You can get mainetance only from your husnband till he is living not to his parents.

If husband is well health - than he is liable to give mainetance- No question arise that he is unemployed.

If any order passed against parents or any others family mamber than he is liable to pay.

***********************************************************

If your husband/his parents has postpad mobile or PSTN phone than use RTI Act 2005 and get the all Call details. You can get hubby new mobile no., 

what worked did your Husband?

 

 

 

 

 

Feel free to ask your query.

first do above said proceeding.

(1) I have read many blogs and judgements and deep study of DV Act found that under DV Act there is no recovery of maintanance and no enforcement of order given by magistrate. Magistrate can do the proceeding undser sec 31 of the DV Act. I have read judgement of Kerala HIGH Court that " there is no rule to  enforcement of protection order given by magistrate under DV Act. Magistarte can only do the proceeding as per sec 31 of the DVA Act if braech of magistrate order.

(2) There is no income, no jobs, no business no bank balance, no movable /immovable property, no income proof of your husband, then u/s 126/128 of crpc to applicable to attached the movable property of the husband because there is no movable property of husband.

(3) sec 498 A had been passed against with you i.e there is no cruelity made your husband. Sec 125(4) is also attracts towards you. I think maintanance under sec 125 is also liable to cancel.

@ ASMITA,

Asmita are u handicapped , if u are then please give me a/c no. i will donate something. If u r not handicapped so y u are begging. I think beggars are better then u. I think u are from beggars family thats y u are greedy . Ur Dad, Mom is not having property kya.  Tell ur father n henpecked brother to maintain u only if are handicapped. Start doing some work  and stop begging ASMITA.

 

U applied for 498a as well as RCR........lOl, whats ur actual stand??????????/ And u seem to be in a hurry to get fast bucks too.......so filing every possible case, take a deep breath & then decide ur further course. Law takes its own course dear!

The more one looks at these cases the more it is clear how immature and unprepared are today's 'modern women are in India. The rampant use/ misuse of IPC 498a and DV are obvious. Many cases are arising out of immaturity, ego and lack of responsibility and preparedness issues. 'Modern' women think all they need to do is to get a degree and marry.They have no clue about what to do after that in their life. Due to lack of such understanding and training-anything and everything in their married life appears like torture and harassment. This along with so called ' women/wife/ DIL empowerment laws' framed in such vague manner to lend itself for misuse, is only harming families, society and country at large. The cases are being registered left and right due to ego, vanity, greed and vengeance. The problem lies with how they are brought up. Parents often think their responsibility ends with them marrying off their daughter and doesn't exercise much responsibility in their upbringing -other than educating them to get a degree or two. The woman grows up as though it is the sole responsibility of her future husband and inlaws to take care of her and her children. She wants to be independent without responsibility. Mother of the daughter out of love and affection do not teach their daughter (who is studying for her exams apparently) to do and learn housework and manage responsibility. Though 'educated' now the daughter after marriage most often do not work and put such education to good use. They are ignorant and untrained for housework as well. They inturn seems to use that ' education' to nurture their ego and file cases to get maintenance from a hardworking husband. How many women have we not seen on this board itself, who are educated. and yet do not work and seek maintenance? If that is not misuse of laws I don't know what else is! Advice based on current law is one part of discussion.The flaws in current laws and the need for change is another!

HI

Please advise on the following points as i need some legal proccedings to be done:-

 

What will be the status of my recovery case, if the DV case file has to be forwarded to the district court, will my case for recovery be held up / defeated?

 

How can I make him pay the maintenance as he is absconding?

 

What steps shall I take so that he will come to the court? How shall I make his passport be submitted / confessed by the court as I suspect that he is out of country?

 

How can I make his parents pay for my maintenance and will the court gives an order asking his parents to pay, but all the orders passed are against him?

 

What should be my stand in district court against both the cases put by him?

 

As maintenance is granted in both the cases, what amount shall I get as maintenance, or will both the cases be defeated in district court? As I don’t have any proof of his Income?

 

How should I proceed further to get money from him or his parents as I am in need of money?

 

What possible steps can be taken by my so called husband & his parents to defeat my claim? So that I can prepare myself to counterfeit those steps, and succeed in getting maintenance from him?

@asmita(?really)

How can I make his parents pay for my maintenance and will the court gives an order asking his parents to pay

 

=like kiran i am also ready to give you some bheekh but spare your in-laws. otherwise at the end of the day your worth will be only "chavanni".

This lady has misused the law.

She had filed false cases and the net result is 0

 

why dont she wants to do something positive in her life.

She has harassed her husband and now targetting the old parents. Police/Court se mat daro lekin bhagwan se to daro !!!  waha court order nahi aapke karmo ka order chalta hai. I wish her husband and parents good health and life.

Related 'Family Law' Lawyers

R.K Nanda Visheshwar GOYAL PRADE kavksatyana Anish Thaku Harishkumar Swathy Venk Shantilal P PRADEEP KUM SREEJITH NA D Bhattacha Shyam Kumar JEEVAGAN AD Praveen Har Prakash Yed RAKHI BUDHI Rajesh Sriv V R SHROFF Sandeep Nai m.subash ba Vijaya.H Varun Singh Advocate Ni

Click here to List yourself in Lawyers Directory Learn about