Maintenance from my hiding husband.

Sienor Analyst

Hello All,

 

I'm new to this forum not sure if this is the right place to ask the question.

 

My mom wants to file a case for maintenance but the trouble is we are not aware of his whereabouts from past 4 years, mostly we saw his lawyer. Most of the lawyers we met here say without his address or place of work, there is not much can be done. We know his ancestral address in UP but no one lives there anymore. We know his brothers address though which is in UP.

 

Little background:

 

We live in Pune. Parents got married in UP. 4 years ago my father implicated my mom into fraud charges and used it as a basis for divorce, he filed this case in MP where he used to work.

 

8 months ago when the case was moved to family court in MP, he was asked to be present in court for hearing but fearing court may this time give some decision in mom's favour, he asked his lawyer to withdraw that case. After which court gave a decision that there is no ground for filing this case in MP when the family lives in Maharashtra and ruled in favour of mom and has asked my father to pay one time compensation of 25K for the pain we have gone through while attending this case. He has yet not actioned on the court order of paying 25k to mom, it has been 8months now.

 

Could you please suggest where to go from here. Any help will be appreciated.

 

Regards,

Satya

 
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Advocate

Please file an execution case if you know about any of his assets. 

 
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Maybe hiring a private detective could help...your father must be working somewhere to earn a living since he left from his previous job...somewhere paying some tax or some other link...So sorry that you and your mum are in this situation.Hope it resolves soon.

 
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NA

A private detective will cost well over 25,000! 

 

Satya...ur mom and you have already gone thru a lot...what is the point of chasing Rs25,000 in today's world? Doing anything will actually cost you more money.

 

So write it off and you guys carry on with your lives. 

 
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o Yes, that's right, it will actually cost way over that!!...I better not advice anyone anymore:)).
 
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Sienor Analyst

Hi All,

I'm so thankful to you all for replying to my query. Is there no way he can be pursued for maintenance case? We know where his unmovable assets are but the issue is, it is in UP and we live in Maharashtra.

 

My mom feels is he above law that we can't do anything about it, he was with us when he could beat us all, when he could not beat us anymore he started working away and now hiding and has abandoned all responsibilities towards her/daughter/son.

 

Sometimes I feel that even if he doesn't pay 25k, he should feel that someone can discipline him atleast, let it be from the court of law.

 

He has been deliberately hiding from us, he has taken off all of his online social profile, almost untraceable online. It has become difficult for me to support the whole family with my meagre salary.

Thanks,

Satya

 
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Lawyer in Hyderabad.wats app no.9989324294

In Family Law maintenance is often used as a synonym for spousal support or  alimony, and the term is in fact replacing alimony. Traditionally, alimony was solely the right of the wife to be supported by the husband. 

Hindu sages in most unequivocal and clear terms laid down that maintenance of certain persons is a personal obligation. Manu declared: “the aged parents, a virtuous wife and an infant child must be maintained even by doing hundred misdeeds.”[6]Brihaspati said, “ A man may give what remains after the food and clothing of family: the giver or more (who leaves his family naked and unfed ) may taste honey at first but afterwards finds it poison.” [7]According to the Mitakshara, “where there may be no property but what has been self-acquired, the only persons whose maintenance out of such property is imperative, are aged parents, wife and minor children.”[8]A person who involves in charity or dan at the cost of maintenance of his aged parents, infant children and wife is condemned by the sages; it is like tasting honey which turns out to be poison later. During the British period, it was a well established rule that the maintenance of the aforesaid three sets of persons was a personal obligation of every male Hindu.[9]

 
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Sienor Analyst

I have his PAN card number, and while browsing through this forum I found that my mom can use RTI to find out how much he is earning and all the assets he has in his name. Possibly that may help us get the information about his whereabouts too and then mom can possibly file a case and seek alimony/maintenance.

I'm not quite sure how valid is that theory. Please pour in your suggestions.

Satya

 
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