Username12345 (1) 18 November 2017

Divorce

I have a 498A case going on in AP but I reside in Maharashtra. As per law I need to just go once to give witness in 498A. But till now I had to go approximately 15times. That too the dates are with a gap of 10-15 days. It's become terrible for me as I have to look after my kid, our expenses, do some work to earn living, etc. That's why I decided I want to withdraw the case on some conditions. I asked my ex husband to return my streedhan (which is in bank as Fd), give me divorce, I don't want any alimony & if he wishes to give something for the kid he can give or else it's OK. He did not agree to any of the conditions. Instead has asked time to think. My question is that incase he agrees for divorce is it mandatory for him to give something for the kid. From last nine years we are separated and this person never ever checked if we are dead or alive. That's is why I don't expect anything from him as he is not even interested in his kid. But does the court make sure that something is given to the kid as kid's right. Thanks a lot in advance.

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AV Bagur Advocate (Advocate ) 18 November 2017

In so for as the kid is concerned it is entitled for maintaince u/s 125 CrPC. You can file this case where ever you are living. In so far as 498A is concerned, you can approach the SC to have it transferred to to a local area where you are staying. In so far your Steedhan is concerned, you can move appropriate applications in your local area Court for enforcing it. If Stredhan and its misappropriatinon can be established your husband can be proceeed against u/s 406/420 IPC with very serious consequences. Please consult a local advoate in your area. He will be able to help you.

Username12345 (1) 25 November 2017

Thanks a lot sir for the advice. Two days back was the court hearing and even after fifteen days he was absent. I requested the judge to give me a later date as I'm not able to travel but the judge give a date after 12 days. To be frank I'm short of money and I won't be able to travel. Even if I miss just one hearing the judge issues a warrant on my name and the constables keep calling me which really gives me stress. But when my ex doesn't attend his father gives some paper to the judge and the judge doesn't do anything to them. I am really concerned why such things happen. Also I have one more question. My case is handled by a public prosecutor who meets me rarely. When I ask for her name and number its not shared with me and I'm being told that it's illegal to share name n number. I don't understand why such things happen or is it just for me.