Civil Procedure Code (CPC)

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phani (marketing)     04 December 2013

Husband in underground

my sister married with a private teacher 2 1/2 yrs back and they have 18 months female baby. recently my sister's husband wants divorce, he quarells with my sister and sent her to our home,after that he sent lawyer notice to our home by saying false words aginst my sister,  we replied to that. we file case in women and child protection office,

my sister's husband came to counciling and said need divorce, and he saks to give baby to him. after that he is in underground, he resigned to the job in working school. we dont know his address, and his parents address, his father and mother also in underground. now we wants to go court for maintanence for baby girl. but we dont have their address what to do, how to find my sister's husband.



 12 Replies

laxmi kant joshi (instructor)     04 December 2013

1. make a police report of his missing in the police station . 2. file a petition u/s 125 crpc for the maintenance of your sister and for her daughter .

T. Kalaiselvan, Advocate (Advocate)     04 December 2013

You can file a maintenance case u/s 125 Cr.P.C for both of them; the same address of the respondent should be mentioned because that was the last known address and over that only you can obtain an exparte decree.

Reformist !!! (Other)     11 December 2013

U stated 1 side story, pls state whole story......Again a query on how to get money ???  Everything revolves around money.

Are you not concerned abt the life of kid and your sister ?? Only concern is to find where is he and how to get money from him ??

File a case under sec 125, dv and hma 24 . You will only get money and not the person. You will be spoling the kid's, ur Jija and ur sisters life. Go ahead and file the cases.

phani (marketing)     12 December 2013

we are not interest to take divorce. but my sister's husband wants divorce at any case, he was not listening, all their relative hands up and said we cant to do in this issue. rudely they are seeking divorce and they are in underground, relatives saying we dont know where they are living, after 2 yrs if my sister's husband gose to court for divorce what is our position. - say 

Reformist !!! (Other)     12 December 2013

settle the matter amicably or file for divorce if u dont want to stay with him 


(Guest)

Is there NO reason why he wants divorce?

Adv. Chandrasekhar (Advocate)     12 December 2013

I agree with Mr. Kalaiselvan's sagacious advice.  File Section 125 Cr.P.C. for your sister, if she is unemployed and also minor daughter.  Once case goes exparte, order will be issued. No one can live underground forever.  Some day he will surface and then your sister can execute the maintenance order.  If he wants divorce, does not mean he will get divorce.  The husband rattled till yesterday craving for divroce has slithered away in a burrow.  The desire to get divorce burns him up, he will come out of groove sooner than later.  So, proceed with S. 125 cr.p.c. on the basis of his last known address.


(Guest)

Since you are unaware of the address of the husband, the last known address of the husband should be mentioned in the suit. Attempts should be made to serve him at his residential or last known address, and if it has not been acknowledged, the ex-parte decree has be passed by the Court.

 

You may file a suit for maintenance under Section 125 of CrPC. Under this suit, you may claim maintenance for yourself and as well as your child. Section 125 of CrPC deals with maintenance of wives, children and parents. The proceedings for the same may take place in any district where the husband resides, or where the wife resides, or where he has last resided with the wife.

 

Consult a lawyer in this regard. You can call me at 09555 507 507 or send me a mail at info@lawkonect.com

 

–Regards

Advocate Pooja

www.lawkonect.com

fighting back (exec)     14 December 2013

@phani....move on in life,, think about your sisters life instead of begging for some alms from the husband, what will the court do? at the most, pay her some  thousand rs monthly. what else, being a teacher, how much would he be earning? how much does a teach earn, max rs 15000, how much will she get? at the most Rs 3000 for her and 1000 for the child. then what, ? you cannot force the husband to cohabit with the woman. no law can force him to stay with her. your sister cannot get married when she is taking maintainence and cannot work too. she is like a caged parrot. so think before you act. dont fall in the trap of sweet talking lawyers. they will milk you dry.

LegalExpert (Lawyer)     14 December 2013

Suggestion is better sort out the matter amicably and file MCD as no 1 in this world can make the either party to cohabit with the other party. It would be better to move in life rather than begging for a dead relation. Understand the sentiments and emotions in the relation.

Reformist !!! (Other)     14 December 2013

well advised by fighting back


(Guest)

Well this query of a Sala against his Jija is natural as far as I have seen a sala always interfere in the marital disputes of her sister rather than solving they make the case more complicated........


1. Leave in-laws as court is not bothered about husbands parents when it is matter of maintenance.


2. So,here I will concentrate only on husband----- A husband who has absconded without any reason doesn't amplify the suffice.


3. If husband is hell bent not to live with her wife--Then even President of India OR Chief Justice of India can't make him to cohabit with your lovely sis.


4. So, a prudent brother of a sister will see the future of her sis and her Bhanji to make her life happiest and that can't be purchased by appealing through Indian judiciary.


Now, The solution which every Brother of an adorned sister should adapt if he really love his sister....


1. Finding husband is not a big deal,,,approach him to talk amicably on the issue of divorce.


2. He will automatically appear after knowing that you people are ready for divorce mutually.


3. Ask the final settlement from him according to his assets and properties and source of income.


4. Make him agree to pay for her daughters maintenance and also for her marriage when she will attend her marriageable age.


5. The deal should be not like an enormous fiesta of uncalibre which he can't opt and also not so tiny pity that your sister will not survive.


6. Once the deal is ok part amicably without any regrets.


6. Ask your sis to join any job and concentrate on her work and herself,guide her to see the life in a much better way as that husband was not for her.


7. Make her feel that life is not a fullstop before last breath as only exclamations are there.


8. And I bet you ----your sis will more happier when she will see that she had stood on her legs and earning much more than what Indian judiciary would have granted from her husband through 125 crpc or other maintenance case.


9. And this happiness will be double when she will met better alliance for her who will accept her without any conditions and will love her without any comma or question marks.


Cheers ))


Hope You would think over this issue if you really think about the natural relationship rather than an artificial relationship.


Thanks & regards,


(ESIS)

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