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pushpa (sr. level)     30 October 2014

Maintenance

Friends,in dv act, court ordered for maintenance but my husband is not coming to India n declared as proclaimed offender. court had sent attachmnet of accounts to his residing country but they said that in their country ,domestic violence case is not in criminal category hence action cannt b taken against the person. I want to know ,what action can b taken by court in this position ? and other thing is that how i can take divorce from him as he is living  in a foreign country and is permanent and i m in India. Please reply as I m fedup from the judiciary bcose no justice is available here after passing 3years .An NRI does marriage here n uses a girl as a servant in foreign , when c get ajob he snatches her all money and keeps her dependent on him. when he wants to buy a flat ,demands 20 lakh from her parents and when not succeeded , drops his wife in India n runs away. court issues nbw,blue notice bt nothing happens. he is enjoying his life with a new girl in foreign country and having a baby also. No maintenance till now given to me. Pl tell what action can b taken at present cenerio..

 

Regards.



Learning

 5 Replies

BHUWAN RAJ 09839268489 (lawyer)     30 October 2014

Call for detail opinion. Regards Bhuwan raj adv Cell 09839268489

Tajobsindia (Senior Partner )     30 October 2014

@ Author,


Very limited remedy you have;


1. Cancelation request of his Indian Passport.


2. Attachment of his assets (movable - immovable) here in India. 


3. If he were sent by an Indian Employer overseas (and then later he took PR status there due to probably nature of offsite assignment as the case may be) then attachment of his salary – PF/VPF and recall of him back to home company can also be requested.


4. One can also make RCN 'from B' series upgrade request to 'A' series only if your side cannot justify to foreign Country that the province - county - district - State he is currently living after 'B'Series ‘identification found’ is criminal in nature in their country as well as here in India too. For that to find one should state country of residence of NRI husband so that I can tell you if it is treated under Criminal Laws or under Civil Laws there. 


5. Bigamy case as via 'B' series Notice you ought to have by now found out ‘identification of him’. Hence if you further state in forum that he has re-married and has a child out of such wedlock in a subsisting marriage and here back home you are looking for remedy for 'divorce'? then Indian Law says he is chargeable under Bigamy Laws too apart from banquet of pending cases already piled up against him in Indian State. 


A. Unfortunate outcome stage your facts are right now. 

B. Ex part divorce can be sought by you in flassh proceeding as you have already got maintenance Order in hand and the proper section to use for seeking divorce in speedy procedural way is under S. 13 (2) (iii) HMA assuming parties are Hindus. But I would prefer to advice you to first file Bigamy charges on him and then via its outcome route seek extradition proceedings and let State handle it in its own Newtonian fashion and meanwhile following above Section of The Act (HMA) seek divorce and re-start life. 


[Last reply]

Adv. Chandrasekhar (Advocate)     30 October 2014

Pushpaji,  I have got full sympathy about your plight.  One S.C. Judge Sh. R.M. Sahai, in one of his judgments well described the plight of women (some) married NRIs(some) and I posted the same under the heading "NRI tantrums" and I received several rude comments some of the visitors of this forum, because this forum is being monopolized by some NRI men.  I totally agree with Mr. Tajobs advice except in one respect.  He suggested that you should file divorce petition under Section 13 2(iii).  I fear to say that this section is not applicable in your case.  This section says if you obtained any decree or order for maintenance under Section 18 of Hindu Adoption and Maintenance Act or Section 125 Cr.P.C. and one year from the date of order, mainteance has not been provided by  husband and cohabitation has not happened, you are entitled to move divorce petition under the abvoe said section.  But in your case, it appears that the maintenance order is passed under domestic violence Act and as such, you cannot get benefit of that section for seeking divorce decree, but other grounds are available to you and once you file divorce petition under other grounds available and proper summons will be served on him in divorce petition, the case will go ex-partee and you will get divorce.  In respect of other matters, needless to say, I go alongwith Mr. Tajobs.  Regards.

Jimmy (Manager)     30 October 2014

Here is some advice from an NRI: There are some facts which are missing from your post which makes it difficult to give you precise advice. Which country is your husband currently residing in? Is he a citizen of the country or just a permanent resident or a permanent resident about to get a citizenship? Is he officially married to this woman with whom he has a child or is it just an affair out of which a child was born? Finally, what is your ultimate goal, that is, what is it that you want precisely? Maintenance? Divorce? Revenge? Punishment to him beyond monetary compensation to you? Please provide these answers and I will attempt to give you some suggestions which will hopefully be helpful to you.

CompelledToLearnLaw (Financial Examiner)     31 October 2014

Pushpa, you’ve invested in a stock that has only plummeted to date with lawyer fees. I doubt u will recover even ur investment. This DV, 498a, r risky stocks. In ur case, the corporation has showed losses in India and has moved it’s operations overseas and is earning in a currency worth 60 times more and is in the business of dealing with flesh that’s 60 times whiter. All the Indian assets the company held, r no longer owned by it. The price of ur DV stock is zero.

 

You have, I’m 100000000000000% sure, put a lot of FALSE allegations of cruelty on ur husband in ur DV case. Now let ur husband live up to some of those allegations: he’s just helping u in proving ur case.

 

Some lawyers will promise the world to u like attachment of property or what not. Let me tell u something about some lawyers: about three years ago, u went to see a lawyer who said, “for every month ur husband will miss ur 1 lakh payment, ur husband will have to spend one month in jail.” The lawyer’s comment was in tune with ur feelings of greed and revenge. Three years later: no 1 lakh , no husband in jail. He has delayed paying for three years. And in another three years, u’ll be remarried. Once u r remarried, it’ll be easy for him, with the help of foreign currency, to reverse all legal damage done to him.(If he even cares about visiting India)

 

 

And a 20 lakh demand for a flat? I know how much truth is in the complaints lodged in women cells. 


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