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?