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RE:HUSBAND MISSING SINCE LAST 2MONTHS

Querist : Anonymous (Querist) 06 March 2011 This query is : Resolved 
Dear Experts


Thanks for advice but my husband has not even spoken to me in last 2 months even via phone,my inlaws have conveyed there intentions in family meeting that they want seperation only and husband has filed complaint against me with SHO,cc ACP,DCP stating that i have tried committing suicide many times and may register false and frivilous cases against him and his parents ,now should i sit silent in case i dnt want to fight cases in court or it is necessary to take some action to safegaurd myself.Will this complaint which he has filed have any negative impact on me???
and also suggest is it necessary for me to appear in court where he has filed divorce,is divorce granted on petition of 1 party even other party doesnt attend court
Advocate Sachdev Bishnoi (Expert) 06 March 2011
the Divorce may also be granted Ex partee but it is also procedural if your denied to receive the notice of court and also not appeared in the court after this knowledge of denying than ex-partee orders may be passed against you.
when your husband is making false allegations of suicide then it can be resulted in the investigation by the police and if by political influence it comes that you attempted this step then will create problem for you.
so it is necessary to solve the problem and appear in the court in divorce case and when you appeared in the court state all the facts in your reply and an application u/S 24 of Hindu marriage act can also be moved for maintenance pendent elite and expenses of proceedings.
the complaint filed may have negative impact on you but only after investigation and you can also file a case under Protection of Womens from domestic Violence act and also U/S 125 Cr. P. C. for maintenance
Querist : Anonymous (Querist) 06 March 2011
What can be granted in expartee orders,is it divorce or can he get some other order passed against me and my parents
Guest (Expert) 06 March 2011
If that is true, what you have stated, can be the preliminary & precautionary steps taken by your husband to harm you intentionally and to prove at some later stage against you that he already had informed the concerned authorities. SO BETTER BE CAUTIOUS AND NOT TO SIT BACK SILENTLY.

Must check, if your husband has filed any case for divorce and try to attend the case through your advocate, get complete details, and fight the case. If you are living separately from him, he may be buying time to prepare ground for divorce in order to prove that you had already started living separately to make a strong case for divorce in his favor.

Also, if he has already moved the police authorities with such type of complaints, as mentioned by you, try to get copies of all those complaints through Right to Information process, know the details and scuttle the charges. Otherwise, possibly you may get serious harm unknowingly to the extent which you can't imagine.

Such type of cases should not be taken lightly. Try to sense the silence before the storm and be cautious and to avoid any undesirable event.
Tajobsindia (Expert) 06 March 2011
I agree to PS Dhingra.
Raj Kumar Makkad (Expert) 15 August 2013
Well avised by Ld. experts.


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