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natasha1989 (hw)     18 June 2016

Husband going out of india after case settlement

regarding to my last query i file case against my husband in mahila takrar niwaran kendra for he not leaving with me after 1 counselling session he agree to live with me and he also given in written with sign on dt.14.06.2016 to settle that case. but today heard from one of his friend he going out side india for 5 years and he didnt tell any thing. so please suggest me.



 14 Replies

natasha1989 (hw)     18 June 2016

Regarding to my last query i file case against my husband in mahila takrar niwaran kendra for he not living with me after 1st counselling session he agree to live with me and he also given in written with sign on dt.14.06.2016 to settle that case. but today i heard from one of his friend he is going out side india for 5 years and he didnt tell any thing to me. so please suggest me. what do know.

Mrs. Bakshi (Social Studies Reader/Worker)     18 June 2016

Husband though a praani is not a dog which can be tied to your cot leg.  Talk to husband, beg him not to leave you.  You did wrong by taking him to police station. Marriage is sacred, you cant threaten and make him live with you according to your whims and fancies.  Best is take MCD.  

1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     18 June 2016

Do not believe your friends in your family matters rather believe your husband.talk to your husband directly
1 Like

A walk alone (-)     18 June 2016

Sister you have done blunder. If you want to continue marriage then why you file case? Once you file any case our marriage will broke definitely. Its truth no husband and his family can accept that girl who has file case on them. Once family matter come in court it ends only with divorce. No one can force him to leave with you. In fact no husband will continue relationship if his wife file case on him. Accept truth and take mcd. Infront of police or court he can agree to life with you. But in real this will not happen.

natasha1989 (hw)     18 June 2016

i think this is lawyers forum n i asking for legal advice. i m already trying to talk to him but he always broke my trust. dat y m file case agains him.

Eerangere Sana (Excellent Lawyer)     18 June 2016

File 377 IPC case on him + 498a + DV + 125 crpc +24 HMA + RCR.

Eerangere Sana (Excellent Lawyer)     18 June 2016

Originally posted by : natasha1989
i think this is lawyers forum n i asking for legal advice. i m already trying to talk to him but he always broke my trust. dat y m file case agains him.

Look at the gaa nd masti you have, youhave come for advice and being so arrogant.  Practically any advice given here on forum cannot be implemented unless otherwise you hire services of the same advocate for handling your case.  You cant give advice to a lawyer and a doctor ever,nobody will agree and the advice which you take from any online forum or any person wll never be implemented by your lawyer, as each professional has his or her own way of handlng a case.  Coming to online forum and asking legal help or medical help is  practically useless.  You can avail my services by paying professional fees.


(Guest)
Just sit and weep for your mistake.No husbang any lady once case filled

kishore (student)     19 June 2016

what is ur exact expectation from ur husband? 

prabhakar advocate (advocate)     19 June 2016

In your case, if you initiate criminal case it will take time, because in matrimonial matters, impounding of the passport takes a long judicial process.  So, to solve your problem, you should do the following things:

1.  Get confirmed that really, he will be leaving the country for five years or substantial period;

2.  If so, file a simple application before the mediation cell, where he reached to a settlement explaining them the situation and his intention of leaving the country to avoid leagal consequences;

3.  engage a good advocate and through him, file a civil suit seeking permanent injunction along with interim relief of temporary injunction restraining him to leave the country without settling the matrimonial disputes.  In this very suit, as intrim relief, you can ask the court to direct him to surrender his passport till the case is decided.  This is a civil suit.  If the court grants interim relief, which will be done within three days from the date of filing suit, in some cases, within two weeks of filing suit, his passport will be surrendered in the court.

4.  Otherwise,you can approach the High Court making passport authority as well as husband party and seeking the surrender of passport till the disposal of matrimonial matter.

 

1 Like

Bharat Sharma (engineer)     19 June 2016

Mr Prabhakar Sir, On one hand you are advising her to file for interim maintenance & on other hand you are advising to impound the passport. Husband is going overseas for job not for honeymoon. Do you think court will impound his passport? Are the Judiciary blind? You cannot get both. Either the husband go overseas and pay her maintenance OR He will surrender his passport & give her zero maintenance.... Husband will never come back to this type of women.

Dana Kayoni (Expert Humanitarian and Lawyer)     19 June 2016

Can try but nt possible  to halt him from going abroad.  Prabhakar adv has shown cheap way to get into some more trouble and end up in trouble.  There is particular way to get passport impounded, not by filing injunction.

Born Fighter (xxx)     20 June 2016

I think we all are reacting and suggesting based on some hearsay from one of the husbands friend that husband is planning  to go abroad for 5yrs.  I wonder why just 5yrs and not forever.....

 

The lady should first find out what is the reality by talking to her husband. The case is at mahila takrar kendra, if husband has guts to  escape/go abroad then he would very well know that mahila takrar kendras are not courts to punish husbands and there was no need for him to sign any papers, forget attending the dates at kendra.................so i suggest the lady to check with her husband first.

 

Secondly the husband cannot be stopped to travel abroad unless there are some serious criminal/fradulent charges against him. Is the husband so stupid to admit his plans to escape to the court ??? and will the court take such actions based on hearsay statement from some friend ???

 

Khush   04 July 2016

well, the history is there that when a wife goes to police against her husband, and files cases they end up with divorce.

if you really love ur husband, u never ever thought of going to police, because no husband thinks of leaving a understaning and caring wife.

you read your posts urself, you will see what u mean. so please please please save your marriage. 

police always breaks relationships........................


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