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GJ19650527 (Self)     18 September 2012

Husband abandoned wife and child

My sister aged 42 and her child aged 18 years have been abandoned by her husband since 2008. They had been married in 1992 and the marriage certificate is in the possession of my sister. They have a own house in Kolkata which is in the name of her husband. They have another flat in Kolkata which is financed by bank and EMI payments are made by the husband. This flat is in joint name. The husband sends Rs. 6000 per month which is insufficient to raise a child and meet the expenses. In May 2012, she has shifted to Mumbai for her child's education (B.Com.). The husband does not inform his whereabouts and address at which he stays, most probably outside Kolkata. The mobile number of the husband is known, and he answers the call very rarely. In case of emergency he is non-contactible.

My sister is apprehensive of her husband selling the house off to square off certain loans in his name. She fears that she and her child will be deprived of any property or money that she requires for securing her future. She is apprehensive that he will stop sending the amount he is sending now (Rs. 6000/=).

Can you suggest what are the options my sister has under the law to protect herself?



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 2 Replies

Tajobsindia (Senior Partner )     18 September 2012

1. This query lacks lots of material facts.
2. See he can do as he wishes with his first flat and with other flat which is on joint names he cannot do anything without co-applicant signature.
3. If she was abandoned since 2008 she could have approached
Jurisdiction Court
in Kolkata and got residence orders under DV The Act 2005 along with maintenance order under same act and continued education (B.Com). of their daughter who is now major in Kolkata itself. it does not make sense atleast to me on special reason for shifting to Mumbai?
4. The moment she shifted to Mumbai with reason which you say as “daughters higher education” I somehow would not consider B.Com. as some special higher education which was not available in a metro city such as Kolkata and is only available at Mumbai ! Add to it high living cost / rental values of an accommodation in out of place – Mumbai ! Hence I observed a thing in my opening para above.

For the moment let us leave all above and see if some remedy still available to your sister in Mumbai;

A.
She may file a complaint under DV The Act 2005 at local jurisdiction Court in Mumbai and seek "protection order" for rent in lieu of residence rights at shared household + maint. for herself + injunction – restraining order against single name properties for not to sell the same. Maint. to her major daughter she could have got especially from Mumbai courts had the major child would be doing some highly specialized Course / studies but B.Com is not the mute point for which Court will grant education expenses and she being major age is not eligible for even maint. under DV unless local advocate cooks some local flavour based typical pleas and get major child some maintenance.

B.
I have omitted second property injuction since it is in joint names and hence is not required protection order for the time being.

Now let us see where on earth your sister is able to send Notice to him, as you say he has no fixed address which means she can always get ex-part Order under DV The Act but then Herculean task of its "Execution" will come as next big hurdle. So in a way this is not a very rosy straight legal case to handle and or even give rosy remedies.

However some of the above pointers may help your sister instead of having none from last 5 hours since this query was placed here for possible solution(s) having seen some page hits and was left un-answered .......….

sibasish pattanayak (lawyer)     02 October 2012

GJI,

In reply to ypour posting please contact with a local lawyer who is compitent with modern law of our land, so mayny favourable probability are in your case if you take sheter of law properly right now.

regards,

sibasish pattanayak,

Advocate, calcutta,

sibasish_adv@yahoo.co.in

pattanayaksibasish@gmail.com

09874854594 /09231668664 / 09477090999.


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