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Username12345 (1)     27 May 2018

Maintenance urgent advice

I was being tortured mentally n physically right from the start of marriage. We have been separated since 9yrs (desertion due to dowry). Im taking care of my minor kid since he is born n stay with my parents. Due to misguidance of an advocate I filed 498A & DV in the place of marriage that is a different state instead of filing it at the place I stay. DV was going on for 4yrs n then dismissed due to my absence (ill health n surgery). 498A going on since one year. Till now my chief/cross has not happened (every time some or the other person is absent either the judge or the lawyer and always the opposition lawyer). I do part time job and tailoring to take care of my kid. It's difficult for me to travel on each date (dates are given every 10-15 days) hence, I wished to withdraw the case on a condition that my ex return back my streedhan which is in the form of FD (Streedhan half in form of cash and half in form of FD apart from other items). Also I asked that something to be given to the kid for his future and agreed to their condition of mutual divorce. But the opposition party didn't agree to either return the FD nor anything to the kid. They just kept stretching the matter by taking dates. Now the judge is rushing to close the case and giving dates every alternate days. I have told them and also give in written about my difficulty travelling plus my financial issues. Still this kept on going. Due to summer vacation getting reservation is difficult due to which I was absent and my cross got closed. Now I need to get my witness that is my parents & relatives. All of them are above 60 yrs and are sick due to illness. Last time I took my dad and the opposition lawyer was absent. This way its too difficult to get them to court. Hence I showed my wish of withdrawing the case. Now my question is that if I let go off the 498A and file for maintenance will I get back my FD given by my father (I have proof of all the transactions). Can court pass order to bank to release the funds. I do not have any income details of my ex but can the court give orders to the IT department to show the details of his earnings. I need something for my kid for his future but not even able to get his rights to him. Can someone please advise me as to what would be the good option to get back the FD which is hard earned money of my parents


Learning

 3 Replies

Username12345 (1)     31 May 2018

Can someone please advice me on the above matter

Sunny Singh (Advocate)     31 May 2018

In whose name is FD?

Username12345 (1)     18 July 2018

It's in the name of me n my ex

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