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sandy (worker )     29 March 2016

Maintanence from a 4 years absonded husband

I Married in 2007 , N lived with my NRI Husband for 6 years outside India , I have a 7 year old son , due to the habit of Dowdry Demand and Physical Abuse had to come back to India in 2012 . 

My Husband is Absonding from the last 4.5 years from india with my jewellery  , he had come with me on 2012 to India but when he came to know that his Dowry Demand will not be fulfilled , he ran away leaving me & my son .

We have Filed 498a And  domestic violence against him , but him not being in India had Dettered the court to do neting to him , then we filed crp 125 against him in Family court , coz we came to know hes got a flat on his name ( which the court has ordered not to sell ) , i have not received a penny from my inlaws or my husband against my or my sons maintanenc

 

MY QUESTION IS HOW WILL I GET MAINTANENCE IN SECTION 125 WHEN MY HUSBAND IS ABSONDING AND WHEN HIS MOTHER IS TELLING THE COURT THAT SHE HERSELF DOESNT KNOW WHERE MY HUSBAND IS 

 



Learning

 6 Replies


(Guest)

If he has nothing in his name ie property, then court cant do anything much.  If he is caught on issuance of warrant, 1 month simple imprisonment and old balance is written off WRT overdue alimony.  If he has some property, court has right to auction it and give its proceeds to you, for the oustanding balance of alimony.

sandy (worker )     03 April 2016

My Husband is absonding from the last 4 years , I dont think he will come back to India , as there are many cases against him ie domestic voilence and 498A . He would also have to give me Maintanence and he wants to avoid all this . He is  not contacted us from the last 4 years nor his Family has given us a Penny till now . There was a settlement talks in between us where the last offer " was to give the child to them in bater to my Jewellery that they have " which is not possible . He had Booked a Flat in Bombay which was under conctruction at tht time and which is now Ready and its been handed over to His mother as She has a Old 2004 Power of Attorney on which she has taken the possesion of the flat . I had written to the Builder that I married in 2007 and i  and my son am the Legal Heir to the property , but tht was not heard by the Builder and they gave the possesion to My Mother in law . The possesion of the flat is with my mother in Law and he has one more Flat which is also given on rent by my Mother in law . So hes is got 2 properties in Bombay ie a one bed room and a three bed room flat both properties are in his Single Name only  . 

I AM JUST CONFUSED HOW WILL I GET THE MAINTANENCE WHEN MY HUSBAND IS ABSONDING AND THE POSSESION IS THERE WITH MY MOTHER IN LAW ??

 

sandy (worker )     03 April 2016

Thanks a lot captain for the reply 

Dont worry we have all the bills , videos clips and the pictures  required to proveabout the jewellery . 

everything takes time i know but i cant just give up the hard earned money of my father and forget about the jewellery and my sons life , i dont want to remarry again as i have had a very sour experaince ( getting physically abused for 5 years ) is not easy at all  , just to bear it for my small kid as i was alone in the carribean island , where law n order problem is not easily deal with , they have even tried to kill me in 2 instances , i have adjusted with him for 5 years but had to give up as the dowry demand started increasing and there was a threat to my life .

This will take time i  know , but my confusion was can  a 125 section be applied to a absonding husband ?? 

i am ready to wait till waht ever time it takes   

Born Fighter (xxx)     04 April 2016

You cant claim maintenance from ur inlaws. Your husband must have ensured that he has transfered flats in his parents name by now. To claim maintenance under any law the most important thing is to locate ur husband forthe court to send summons......

How much dowry did you give to your husband from the time you got married sinc 2007 ? You have mentioned nothing about it in the post. A husband having 2 flats and staying in carribean island was dependent on dowry ?

 

If he has managed to abscond from past 4yrs, he must have relocated to a place from where even if you locate him you will not be able to get him back due to extradition treaty laws between countries.

 

Your husband is deeply hurt and by now must have married someone else. You will have to wait for life long for money, you better move on in life. The more u wait for ur husband the more u will compromize with ur sons future.

Anand   04 April 2016

In which country did your NRI husband live? Have you considered returning to the country where he's staying and initiating divorce proceedings there?

sandy (worker )     09 April 2016

Thanks Born Fighter for the reply 

my husband was in Canada in 2014 last when he sent a letter to the Police in 498 case , after that we dont know where is he , both the flats were in his name and its still in his name coz we got a order passed from the Kurla court , abstaning them and the society to transfer or create a third owner , inspite of that my mother in law sold one flat which after our police complaint , the deal was reversed and now both the flats are in my husbands name only , we also got my MIL passport surrendered to the court in 498 case . 

My dad had given me a lot of jewellery which is still with them , and a lot of cash also in my 5 years of marriage , my husband was earning 2 lakhs plus commision in the carribean but their family is a greedy family , they started with small dowry demands and at last asked a big sum for booking a flat in bombay , to which my father denied as the sum was too high for him to pay , we tried to contact the canadian embassy in 2014 but in vain as they dont go by indian laws and there is a supreme court order abstaning men to be extradite in 498 cases as there are many false 498 cases filed by women . 

I am sure they must have sold my jewellery also till now . 

i am living with my brother now ( my dad is expired ) , i need my jewellery back and some maintanince so that i am not a burden on my brother any more 

 

I dont know if he would have remarried till now or not ? 

 

 

My only confusion was can the court attach his properties and sell them to fund my maintainence ?? 

 


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