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Gita (House Wife)     11 April 2011

Maintenance

 

I am 55 years old wife of retired of central government employee seeking advice for maintenance. My husband is 66 years old and left home 4 months back without intimation to anyone, since he left I have been staying with son. I tried to find out my husband but in vain. Please suggest me how can I get the maintenance from my husband’s pension and how long court will take if I knock court door.

Thanks in Advance.



Learning

 12 Replies

Tajobsindia (Senior Partner )     11 April 2011

@ Author

1.
Have you lodged missing persons report with police ?

2. Have police posted a Hue and Cry Notice following your Report?

3. For pension / Service Funds release if he was in Govt. Service then as per CSS Rules you need a Succession Certificate from Court. For the same he should be found missing from records for 7 years and or declared dead.


It is a long procedure / wait., best is to trace him down via State Police as well as via neighbouring State Police. Use links in Minister or local MLA if known.






 
 

1 Like

Gita (House Wife)     11 April 2011

Thanks for your quick reply

 

I haven't lodged the complaint yet, but planning to lodge. In case he found by police or anyone and refuses to stay with me and maintenance, then in this case how I can get  him back or calim for maintenance.

Tajobsindia (Senior Partner )     12 April 2011

Originally posted by :498AVictim
"
Mam,with due respect of your age....

Why your hubby left you at this age...

I feel you need to do an instrospect why he  refused to stay with you.
"

I object to such personal questions. Even Court shall not ask so openly hence why such que. are raised in public platforms ? if you want ot help her then give her legal ans. which are within the ambit of Law.

 

hema (law officer)     12 April 2011

Gita Madam,

If he is a really missed person or abandoned his matrimonial life is important question.  If he abandoned you, you can file S.125 Cr.P.C. maintenance case and to serve the notice on his last known address and get erx-parte maitenance order and get it implemented (you would get 1/3rd to 1/2 of his pension amount) by attaching his pension account.

1 Like

Tajobsindia (Senior Partner )     12 April 2011

 

I agree to @ Hema. But this lady has not even filed a missing persons report and he is been missing from last 4 months as she says and has not replied if he was in Govt. service or in a Private service as Rules of conduct are different even to release pension and or its attachments by an execution petition post ex party Judgment moreover SC says she is entitled for full amount why ½ - 1/3  as guided by you however these are besides the point let her contact a Ld. advocate in her city and be guided further.  She can even use last matrimonial address for filing the suit. 

Gita (House Wife)     12 April 2011

Should I first file the complaint for missing person to local police or meet with Advocate. Apart of this today I visited to the SBI bank where my husband is holding pensioner account and came to know that he is keep on withdrawal money from bank and also met with friend in office for railway ticket booking and shared his mobile number. But when I tried to reach him on new mobile number, he didn’t pick up the phone. Please suggest what should I do next? Thanks for all you guys!!!!!!!!!!!!

Tajobsindia (Senior Partner )     12 April 2011

@ Author

First step:
File first a missing persons report. Request police to trace and produce your HUSBAND in 48 hrs. Police will sit on your report summarily as routine husband – wife matters and will gyan to you to approach Court.


Second Step: Meet an Ld. Advocate and ask him to file an a HCP grounds being maint. of dependent son and a dependent wife. Relief prayed is directing police (where you filed missing persons report) to produce your husband in 72 hrs. Now police will act. Unless you show apathy and hand to mouth situation before HC your HCP may not get admitted on this ground and ensure your son is first petitioner and you second petitioner in such ground breaking HCP’s. . But once admitted it is STATE’s responsibility to maintain a wife and minor child as all maint. law comes under STATE responsibility except civil maint. laws that is also the reason NBH can’t be executed in default of civil maint. such as S. 125 crPC and or DV Act which is besides the need to know point here. Rememebr HCP is admitted if it shows strong ground sof remedies exhasted and in yoru case what is disbeliving is you are sitting for 4 months to simply lodge a missing report so I believe yoru ld. Advocate may show reasoning unless you act on Step 1 fast.
 

Half step: If above HCP fails (whose nature and meaning your hired Ld. Advocate will explain to you in person) then file S. 125 CrPC and ask under S. 254 (2) CrPC witness production and make his cellphone company with cellphone records witness as well as his bankers with current bank statement witness and lastly Zonal railways authorities to bring on record all Passenger List of trains leving your city from such and such date to such and such date where you can see your husband's name leaving your city to X city. Records of these three witnesses will show desertion as well as willful neglect. BINGO ! your S. 125 CrPC even as prime facie is Ordered upon in your favor and then you need to Execute this interim Order by praying relief for attachment of husbands Pension A/c direction from Execution Court. Any reasonable Execution Court will give such Orders to his bankers in due course of time. Now you are left with final arguments which your ld. Advocate may sail you through unless HE (husband) comes back and ocntest the same which is now your internal matter whose special knowledge only you may have and not public forum readers and writers :-) 


Above are the legal way out if conditions of fraud / mischief are ruled out of your side from all apparent briefs presented here which is not my concern as of now other than you a lady shall not remain remedy less since a dependent child maint. question is also involved. 


Now that you have acquired enough layman's knowledge it is suggested to have in -chamber discussion of facts with a ld. Advocate in your city Court jurisdiction and allow him to act as per your instructions.

hema (law officer)     12 April 2011

Gita Madam,

Are you fully confused?  That is what Tajobsindia wants.

Gita (House Wife)     12 April 2011

 

you are right @hema. As Tajobsindia  suggested I need to lodge missing complaint of my husband first and then only i can file S. 125 CrPC with the help of Ld. Advocate.

Can you guys help me out to get Ld. advocate near to my place(Nehru Place).

hema (law officer)     12 April 2011

 

Gita Madam,

I do not like to contradict any other member's opinion, until it is very much necessary.

In your case, kindly allow me to put my opinion, after seeing your three posts.

You very well know, your husband does not come in the category of "missing person" and he is intentionally avoiding you.  So, in my opinion, instead of filing a missing person report, simply file Section 125 Cr.P.C. case with the help of an advocate and get it served on your husband's last known address to you.  If it is not properly served, the court has got the option to allow the substitute service (meaning thereby to publish the court notice in local news paper).  After that, get ex-parte order and get the pension account attached. 

HCP (habeus corpus petition) is not suitable in your case and time consuming and also costly affair.

For finding a good advocate near your place, please search database of advocates available on this forum.  Have a talk with him and once you are satisfied, then only engage him.

warm regards,

1 Like

Gita (House Wife)     12 April 2011

Thank you very much Ms. Hema for your valuable suggestion, i believe it works for me.

Cynthia Fds (na)     25 April 2011

Hi everyone,


I have a similar issue. My name is Cynthia, 61 years of age, from Mumbai. My husband of 36 years, left for office on 03rd Feb 2009 and did not return home.  Details as follows -

03/02/09 - Husband went missing.

06/02/09 - Missing person complaint lodged at police station.

01/03/09 - Letter sent to office requesting opening locker for any clues.

15/03/09 - RTI application sent to office for more information.

27/04/09 - Application made and authorised by police station to show missing person on television.

27/04/09 - Confirmation from CID branch of showing on television.

15/10/09 - Letter from office acknowledging missing complaint.

15/03/10 - Memo from office regarding willful absence.

31/03/10 - Order from office intimating retiirement from service.

09/09/2010 - Memo from office regarding pay deduction for missing period and confirming that the same WILL NOT be treated as "BREAK IN SERVICE",

29/10/10 - Certificate from police stating inability to trace the missing person.

02/11/10 - Letter from office stating grant of family pension and retirement dues on submissing of police certificate and indemnity bond.

10/11/10 - Police certificate submitted.

12/11/10 - Letter form office acknowledging receipt of police certificate and providing breakup of dues.

15/02/11 - Indemnity bond submitted.

The office wanted an indemnity bond that is done through registrar. We appproached multiple lawyers who said the same is not possible anymore as that process does not exiist any longer. Only notarization can be done. we even visited the registrar who threw out the bond straightaway.


Right now given the behaviour of the administrative people at the office, they are trying to purposefully create hurdles in the process. Inspite of having got all possible confirmation letters, they are now saying issue is gone to legal and they will sack my husband from service due to his absence, etc.I am having a very hard time as have no means of sustenance. On top of that, am a heart patiient. Am eligible for the central government health scheme, but the office is not releasing that card too.

I need any help I can get in getting this issue sorted.

Thanks and regards,

Mrs Cynthia Fernandes

cynthiafds@yahoo.com


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