Maintenance

Thanks Anil.I just want to let you know ,I am fighting this case to make my so called husband understand that women are not toys ,use and throw.I can very well look after my child .But my husband has forgotten his duties towards his immediate family members and gettig away easily .There is a need of the hour that a message  needs to go to people like him else women are anyways not treated equally which I saw in the forum itself.I have already filled interim maintenance still no order is passed from 2 and half years .I filled DV case also for all things he has done to me and my child .    Thxs for highlighting in red so that I don't use them in court.   We were almost going to go for mutual consent divorce this week but he again duped us ,can't keep writing all the points that happened so we are back to square one .To ask for maintenance and hearing on DV act.   The most funny part is he keeps mentioning that now I am in another country so in the court he has not given his address and court after 2 years asked last time to share his address and now he gave address of another european country

since your husband is out of country , you need a good lawyer service  apart from your hardwork to get him back in india.

below things you can do .

1.Ask court to attach his passport. if he is on bail then get it cancelled.

2.Go to Area DCP/ACP and give a complaint.

3.Ask for Lookout notice if summons by court not accepted by him.

4.Contact Indian Govt with your issue , send a speed post to PMO and external affiar minister office.

5.Child maintenance can't be denied , if it is 2 + years old case then its issue in your filing of case which your husband knows very well and playing with loopholes. As per supreme court interim maintenace should be passed within few dates , now days in first date interim is given without listening husband esp. in Delhi , so i do not know y delay in your case.

As per Law wherever your husband resides file case /complaint thier through that country, he will run to your feet within few hours . esp european countries are very strict in case of child.

Else

File 498A ,406,34,506, all family will run to your feet if you can proove this.

If he is able to attend court dates then whatever and wherever he resides you can't do anything. except appealing to judge. Judge has to pass orders and in India time is unlimited.

You can approch for speedy trial of your case.

My husband is very smart.he has given power of attorney to his mother who attends the court.He comes when his lawyer informs important decision. He has already used 2 celebrity lawyers. Whenever interim maintenance has to be discussed his lawyerostpones it and talks about child access and dress away the attention.

This week during mutual consent talks he was not ready to give his passport details  so we decided to stop the discussion.He has not even disclosed his home address from the day he has filed divorce petition and court is so lenient on him. On what basis can I ask passport any resons that my lawyer can ask? I am assuming that you are saying it because you feel that he is not attending court .He has also not accepted contempt of court for allowing third party staying in our joint name flat.His lawyer tells us that she will not accept and other end he is not sharing the address and last week he shared i his Europe address .I doubt if he  has left India ever .cause  this  year he came to court in May and in this month and he is saying will come in Dec also.

He has to disclose address, the judge showed his lawyers some law from book so he gave his European address.he cannot say he is not working as his lawyer has  shared his salary slip but not form 16 .I told him and his father who is dead now that I will wait for 10 years but will not give divorce  till I want to.So  we are not worried about him employed or address anymore.

To Noname

 you are not reading all the comments and are of no help.W e were looking for disclosing the entire income he is receiving from different sources.  So 1 option is to get the court ask for HR .

"My husband is very smart.he has given power of attorney to his mother who attends the court"
- What is being smart about this ? He resides outside India and it is not feasible to attend every court date. In such cases it is most natural to give POA to immediate family memeber, which cannot be his wife being the plaintiff herself. So it is his mother. What do find clever here ? It is you who are not happy because your NRI husband is not being harassed by court dates as per your wish.

"On what basis can I ask passport any resons that my lawyer can ask?"
- If there is sufficient reason to apprehend that he will flee the country to avoid court cases. Which is very clearly not the case here. On the contrary he is attending important court dates as you said. So you can stop looking for false pretext to cancel/seize his passport.

"company is paying Indian salry as well as UK salary"
- I am sure this is exaggeration. Absolutely *NO EMPLOYER* in world pays in two countries. It is the case that UK amount credited is to compensate for the huge difference in cost-of-living which cannot be affordable by an Indian employee staying there for work. I think it's called "Per diem" in India. You are not going to stay in UK right ? So please stop your crappy story that husband is getting salary in two country.

Its better you only press on the child's maintenance which is a responsibility of both, and which everybody has to agree. If you start multifarious schemes and complaints to punish him, the more you keep ranting more you will be stripped down of your lies and court will refuse to favor you.

Ms. Bhavani,

The information which you are seeking is within the exclusive custody of your husband and the court understands your problem to produce exact information about his earnings, which is required to assess the quantum of your maintainenance.  So, you move an application asking the court to direct your husband to file affidavit showing his income here and there with bank statement proof and also income tax returns and also HR salary statements.  He is under obligation to produce all these things.  If you are in Delhi Courts, the court itself ask both the parties very detailed affidavit of 34 pages, which reveals every thing and leave out nothing.

Any further advice contact-

Samarpan