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UMA (abc)     07 June 2015

Absconding husband. need urgent help

My husband is Absconding since February 2015. Its been more than 3 months he has stopped paying the EMI of flat in which we were residing for past 3 years. I am an working lady. How do i seek residence stay apart from filing DV and get residential orders for share household as there are fair chances he may surrender the flat to the bank. What kind of civil suit can i file? 

Please advise at the earliest.



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 43 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     07 June 2015

U said Husband absconding since 3 months,can U state the reasons? What were UR efforts to trace him? Have U given a police complaint that his whereabouts are not known since 3 months? Clarify, for us to come to a correct assesment and reply.

UMA (abc)     07 June 2015

Ours was an love - arranged marriage agreed by both the parties 2.5 years ago. 

But now my husband says he is no more interested in me and dont want to continue the relation. He is hiding at his parents home. My in laws are not responding to me neither my parents. They clearly state they dont know us. My husband says he wants to marry as per his mom's wish.

A conspiracy is being hatched behind me to throw me out of the matrimonial home. My husband has stopped paying the EMI's of the flat where we stay. The day he absconded his father in his native published an advertisement in local newspaper for disowning and disinheriting son. Later i received a divorce petition in which my husband slapped false charges of desertion, robbery and mental cruelty against me by exploiting the facts. 

Let me know how can i continue to stay in my matrimonial home which was bought by my husband. The house is in his name only but sooner he may surrender or bank would go for an auction.

SAINATH DEVALLA (LEGAL CONSULTANT)     08 June 2015

UMA,

U had another query posted yesterday "

 

UMA (abc)     08 June 2015

yes. 

UMA (abc)     08 June 2015

Hyderabad  

K.P.Satish Kumar (Advocate)     08 June 2015

First as precautionary measures give a police complaint.

Adv. Chandrasekhar (Advocate)     09 June 2015

Your query is so simple.  File a Domestic violence against your husband giving his address at three places, one - the flat address, second on his parental address and the third the address he had given on his divorce legal notice.  In DV case, you ask for residential rights and also stay for dispossesion.  You will get them both.  No need to worry.  Once you go to court, you will see several women facing the same or similar problem you are facing.

UMA (abc)     12 June 2015

He has filed Divorce from his parents place ie UP, Bareily. So the case is in that jurisdiction where we never stayed. i just have 2 address. one where i am currently staying and second is his parents address. he is currently in hyderabad hiding and not disclosing his current address. apart from this his parents has disown and disinherited him as per the ad given in local newspaper. he has taken bail from court where FIR was filed. the address given in his bail is the one where i am staying and he is absconding this address since 4 months. can bail be opposed? 

 

UMA (abc)     12 June 2015

Just to add on i was suffering since a year. I filed a complaint with CAW in november and we both were under counselling. He pretended to be good. Later he ran away and filed counter case ( Divorce) with false allegations. Please let me know any precaution to be taken to avoid this false charges. 

Adv. Chandrasekhar (Advocate)     12 June 2015

What about filing DV case from the place where you are staying now?  Can file application for cancellation of bail on the ground as he absconded from the place where he got bail.

 

Biswanath Roy (Advocate)     17 June 2015

If you could lodge a missing diary in the local P.S. just after or soon after the departure of your husband that would evidently proved that the address mentioned in the bail petition subsequently is a fraudulant act which in due course if brought to the notice of the court bail so granted to your departed husband would have been liable to be cancelled. You go on paying EMI to the Bank by cheque or Bank draft against receipt to avoid future complications and legal liabilities.

UMA (abc)     26 June 2015

I filed a memo through PP to cancel his bail. But the magistrate denied saying bail is already granted. I have already received bank's notice. My husband is still hiding to receive DV summons. He is also intentionally keeping his account NIL as soon as his salary gets credited.

Its very tough to put down here in words. My parents are senior citizens with no source of income.

Just wondering how the culprit would get punished by our judicial system.

 

Biswanath Roy (Advocate)     26 June 2015

Consult with a local Senior Criminal Court practitioner so that Police can arrest him while he will visit his Bank to withdraw his salary. 

stanley (Freedom)     26 June 2015

Originally posted by : Adv. Chandrasekhar
Your query is so simple.  File a Domestic violence against your husband giving his address at three places, one - the flat address, second on his parental address and the third the address he had given on his divorce legal notice.  In DV case, you ask for residential rights and also stay for dispossesion.  You will get them both.  No need to worry.  Once you go to court, you will see several women facing the same or similar problem you are facing.

As usual our Women centric lawyer suggests to file a DV case and than states that once you go to court you will see several women facing the same or similar situtation . How many cases are false or true he does not state . The advise given is that they will get reliefs but in order to get the reliefs Domestic Violence has to be proved . So how does one prove Domestic violence that takes place inside four walls of the bedroom there being no witness present ?? 

 

I see another one stating to file a police complain and to arrest him when he comes to withdraw his salary its the height of stupidity that cops can arrest a person for withdrawing his own salary from his own account .  The point of contention would be that  she has not even stated that she seeks maintenance under the DV act being a working women . The next point is how does one prove neglect towards the female spouse when she is already a working women .Being a working women how does one claim her to be a destitue to avail of the reliefs .

The author of this post rather than being concerned about her own husband is more concerned about aquiring the  property which is in his name .The heights are that if the EMI's are not paid the bank will auction the property . Banks do not carry out charity work .if the author of this post is so concerned about the property than she should continue paying the EMI's . If her several posts are read the truth will emerge .

If the marriage is not working out than opt for Mutual Divorce consent or contested divorce .

 

 


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