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sandeep (branch manager )     20 March 2015

Maintanence from a 3 years absonded husband

I am a indian gal married to a NRI from the last 8 years and have a child of 6 years .  I lived with my husband abroad for 5 years with many difficulties as he has a habit to physically abuse and when i came back to India , there was a big Dowry demand which was not fulfilled so he deserted me and my child and absonded the country . He is not traceble from the last 33 months and so my dv case and other cases are also lying as the court orders cannot be served to him . i have not got any maintainance from the last 33 months  and i am dependent on my brother for my and my childs maintainence . My husbands has 2 properties in his name  in bombay . The first property which is a one bed room  flat occupied by his mother  as she owns the next flat so they have made it into one flat  and the second property which was under construction and now is ready for possession . How can i ask for maintanence from my husband when he is absonding  ?? can his property pay off my maintanence  in any way ?? how long should i wait for him and file for a divorce ?? 



 8 Replies

Born Fighter (xxx)     20 March 2015

  1. When did you return back to india with your kid ?
  2. Which cases other than DV have you filed against your husband so far ?
  3. What is your qualification ?
  4. What efforts have you taken to trace your husband, since cases are filed against him, what support did you get from police/court 

(Guest)

Come up with more details of your case for detailed reply.

sandeep (branch manager )     21 March 2015

1) I Returned back 3 years ago back to India , and there was a dowdry demand at that time , so my husbands who also returned with me thought that my father wud surrender to that dowry demand but when my father came to know abt the physical toucher i was facing he didnt give up to the demand and my husband who came to my house manhandled my father as well as my brother , we called the police and he was taken to the police station where he apologised and maybe understood that his demands wont be met and he abandon me and my child and left the country . 

 

2) Ive filed 498 a and  dv  - but the cases cannot move ahead as we didnt know where he was , as he has quit his last job and not returned to his original job , a year ago we came to know  that he his hiding with his brother outside the country , we have sent the court summons through the embassy  .

 

3) we even approached the embassy of tht country but got a reply that  in a 498a case they cannot deport the boy nor can take any action on him

 

4)I am BA pass - with a 6 years old kid ( have to take care of the kids studies and his needs ) 

 

5) I am sorry to say that our Police is not cooperative at all  - ive had very bad experiance with the police and courts are too slow and baise .. i will give u am example  my mother in law lives in bombay itself and she gave a request application to the bandra court asking for the acsses of the child  which she has got once a month but in this 36 months has not paid a single  penny as maintanence towards  the child or me , she has also given a application to the court that she doesnt know where her son is and if hes earning or not and shes not connected to her son ( as she doesnt want to pay any maintanence ) , her lawer has said that my MIL is not liable to pay maintanence and my Husband is absonding - I WANT TO ASK FROM WHOME SHUD I ASK FOR MAINTANENCE AND HOW SHOULD I LIVE WITH MY CHILD WITHOUT A HOUSE AND MONEY 

 

at present i am living with my brothers family  -- but how long ??? 

 

 


(Guest)

What can be done to get hands on your husband?

1.   You need to file missing complaint with police.  Police wont take complaint, but you need to manage.

2.  Hire services of detective agencies.


Its not a tough job to find out where he is.

You have not filed any 125 crpc or IA application as I see no mention of it.


File it.


Donno under what sections u have asked relief under DV, as that only can get you maintenance for u and the kid.


So you need to tell what sections has been filed under DV.


Now after filing of 125 crpc, court will see whether he turns up or not, if not the case will go exparte

and execution orders be passed and the said flat will be seized and you will be given posseions of it and thereafter you can sell the flat and use the money.


MIL is no way related to maintenance.


You can ask money from husband and not MIL and FIL.

You are BA pass, so if your husband contests any of the maintnance cases, you wont be entittled to any maintneance, as you are educated healthy woman.

My advice is hire services of private detective.


and file maintenance application ASAP.

and try finding a job too, self respect is something else which not all have, hope you understand what I mean.


sandeep (branch manager )     22 March 2015

I Have not filed a 125 crpc till now - even if i file it  - how will i send the court summons to my husband outside the country  ??can i send the courts summons directly to my husbands now adress ??  wht if he refuses to accept the summons ?? if the summons go through the embassy it takes a lot of time 

 

i am not dependent on my brother totally , i give tutions at home to other children n earn money ?? i cannot do a whole day job as my son needs me more as i have to be the mother as well as the father , there is need to take care of his studies also , so i took the way of tutions  where the children come home and i can be with my child also 

i know where my husband is hiding - i know the adress too  

 

i just wanted to know -- HOW CAN I ASK A MAINTAINENCE FROM A ABSONDED HUSBAND WHO HAS 2 PROPERTIES IN BOMBAY ?? 


(Guest)
Originally posted by : sandeep


I Have not filed a 125 crpc till now - even if i file it  - how will i send the court summons to my husband outside the country  ??can i send the courts summons directly to my husbands now adress ??  wht if he refuses to accept the summons ?? if the summons go through the embassy it takes a lot of time 
SUCH AN IDIOT YOU ARE.  DONT MIND THE WORDS.  BUT WHY ON EARTH DID NOT YOU FILE THE MAINTENANCE APPLICATION?

JUST A MENTION OF IT IN THE APPLICATION WILL ENSURE THAT HE GETS SUMMONS AND WILL BE BROUGHT BACK TO INDIA.


WITH HIS ADDRESS IN HAND, YOU COULD HAVE FILED 125 LONG BACK, AND BY THIS TIME YOU COULD HAVE EITHER GOT POSSESOIN OF THE FLAT OR MONTHLY MAINTENANCE FOR YOU AND KID.  


FILE 125 CRPC NOW.  dont worry about the method court will follow.  idiots like you exist so do ppl like your husband exist.
 


i am not dependent on my brother totally , i give tutions at home to other children n earn money ?? i cannot do a whole day job as my son needs me more as i have to be the mother as well as the father , there is need to take care of his studies also , so i took the way of tutions  where the children come home and i can be with my child also 

i know where my husband is hiding - i know the adress too  

 

i just wanted to know -- HOW CAN I ASK A MAINTAINENCE FROM A ABSONDED HUSBAND WHO HAS 2 PROPERTIES IN BOMBAY ?? 

read what I have told twice or call me.

sandy (worker )     21 March 2017

PLEASE LET ME KNOW WHT HAPPNED AFTER YOU FILED THE 125 CRPC , WHERE HAS THE CASE REACHED TILL NOW , HOW MUCH TIME DOES THIS CASE TAKE IN BOMBAY FAMILY COURT ? 

sakthivel   30 July 2018

Very Nice Story; your husband asked you dowry after 3 years........the question is why he didnt ask for first 3 years? and many more cooked up stories which are miles away from reality.........498a aur DV complaint karne ke time bahut maza aaya na......aapko aur aapke gharwalon ko........friends ka support bhi mila hoga..........complaint karne ke time aapko laga hoga ki pati ka puri tarah vaat laga doongi.........ab dekha kya hua........now you are a 498a queen.......dont worry KARMA will strike back........your beta will also become PATI one day.......and your bahu will kick you out of everything and will make you sit in front of temple for begging........and one advice for free........apne gharwalon ke saath abhi se planning kar lena ki BEES SAAL BAAD bahu par kaun sa case karne ka........all the best 498a queen.......good to see you become a cartoon in society.....


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