Need urgent advice on maintenance

Originally posted by : Munni
	Dear All, We are separated for few years and divorce case in going on. In the mean time court has ordered for interim maintenance and my husband is not paying any money..My arrear is more then 9 lakhs rupee adn never pay any thing...He escaped from India and staying at foreign country..As per recent information, he sold his all property in India and no bank balance in India too.. he is changing few coutry now and not keeping any money in his name in forign bank account too.. At first he filed divorce and he went few times to higher court to get reduce the interim amount, but no success for him..now in responce he is saying that he will nto pay any money and he is planning to withdraw the dicorce case.. I have not filed any 498or DV case so far and separated for more then 6 years.. My Query 1. My advovate is recommending to file contempt case against him..Is it a good idea?  2. His intension not pay money and to withdraw the divorce case...after that he want to run away from the country..how will be success rate for him to run away from Idia? Can I file DV or other case in he will with draw the case and make arrest in India?

Even if he don’t withdraw divorce case, his divorce case will be dismissed.
Yours case I seen and replied many times in past 6 years.
One more year and it be 7 years, you can simply file divorce and remarry someone else.
9 laksh due will become 12 lakhs due. And he wont come back even if you file some other case.  Some other case you cant file also, due to time bar.  When there is no contact at all between you two no court will register your case, if you cry and hue then it may accept pettion but later it will get dismissed.
Why couldn’t you find some other guy and remarry, what is point in waiting for rains? He wont come back.  Court wont give you alimony, only it can order and enforce but what can court do if he is not caught.  Marriage is personal law.  It is not criminal offence against the society.  Do you think court will send army to catch hold of your husband and put him behind bars? If he is put behind bars you will have to pay 100 rs per day to jail to maintain him.  Forget old balance, your balance of 3000 rs per month will grow if he is caught.
Why yo u both are not understanding it is over?

Originally posted by : Munni
	Dear All, We are separated for few years and divorce case in going on. In the mean time court has ordered for interim maintenance and my husband is not paying any money..My arrear is more then 9 lakhs rupee adn never pay any thing...He escaped from India and staying at foreign country..As per recent information, he sold his all property in India and no bank balance in India too.. he is changing few coutry now and not keeping any money in his name in forign bank account too.. At first he filed divorce and he went few times to higher court to get reduce the interim amount, but no success for him..now in responce he is saying that he will nto pay any money and he is planning to withdraw the dicorce case.. I have not filed any 498or DV case so far and separated for more then 6 years.. My Query 1. My advovate is recommending to file contempt case against him..Is it a good idea?  2. His intension not pay money and to withdraw the divorce case...after that he want to run away from the country..how will be success rate for him to run away from Idia? Can I file DV or other case in he will with draw the case and make arrest in India?

Even if he don’t withdraw divorce case, his divorce case will be dismissed.
Yours case I seen and replied many times in past 6 years.
One more year and it be 7 years, you can simply file divorce and remarry someone else.
9 laksh due will become 12 lakhs due. And he wont come back even if you file some other case.  Some other case you cant file also, due to time bar.  When there is no contact at all between you two no court will register your case, if you cry and hue then it may accept pettion but later it will get dismissed.
Why couldn’t you find some other guy and remarry, what is point in waiting for rains? He wont come back.  Court wont give you alimony, only it can order and enforce but what can court do if he is not caught.  Marriage is personal law.  It is not criminal offence against the society.  Do you think court will send army to catch hold of your husband and put him behind bars? If he is put behind bars you will have to pay 100 rs per day to jail to maintain him.  Forget old balance, your balance of 3000 rs per month will grow if he is caught.
Why yo u both are not understanding it is over?

Originally posted by : Munni
	Dear All, We are separated for few years and divorce case in going on. In the mean time court has ordered for interim maintenance and my husband is not paying any money..My arrear is more then 9 lakhs rupee adn never pay any thing...He escaped from India and staying at foreign country..As per recent information, he sold his all property in India and no bank balance in India too.. he is changing few coutry now and not keeping any money in his name in forign bank account too.. At first he filed divorce and he went few times to higher court to get reduce the interim amount, but no success for him..now in responce he is saying that he will nto pay any money and he is planning to withdraw the dicorce case.. I have not filed any 498or DV case so far and separated for more then 6 years.. My Query 1. My advovate is recommending to file contempt case against him..Is it a good idea?  2. His intension not pay money and to withdraw the divorce case...after that he want to run away from the country..how will be success rate for him to run away from Idia? Can I file DV or other case in he will with draw the case and make arrest in India?

Even if he don’t withdraw divorce case, his divorce case will be dismissed.
Yours case I seen and replied many times in past 6 years.
One more year and it be 7 years, you can simply file divorce and remarry someone else.
9 laksh due will become 12 lakhs due. And he wont come back even if you file some other case.  Some other case you cant file also, due to time bar.  When there is no contact at all between you two no court will register your case, if you cry and hue then it may accept pettion but later it will get dismissed.
Why couldn’t you find some other guy and remarry, what is point in waiting for rains? He wont come back.  Court wont give you alimony, only it can order and enforce but what can court do if he is not caught.  Marriage is personal law.  It is not criminal offence against the society.  Do you think court will send army to catch hold of your husband and put him behind bars? If he is put behind bars you will have to pay 100 rs per day to jail to maintain him.  Forget old balance, your balance of 3000 rs per month will grow if he is caught.
Why yo u both are not understanding it is over?

A repitition or two may not be unusual.     So many repititions?      This's not naturally deliberate.      I don't know the circumstance in which this happens.     

Shrimati Munni

Madam

Your advocate is right.       Not only contempt case but also several other offences are involved.      Also you can file a Suit.

But all this's useful only when he returns to India.

I think, for now, it's better to institute a Suit against the person who bought the property of your husband.

Filling the complaint under 498A IPC and DV Act after 6 yeras of separation is most foolish advice any lawyer can give to his client. No question that after living separate from the husband you go and file all these complaints which will be dismissed on this very ground.

Yes the non-payment of maintenance amount can be executed by filling execution application for the same. The maximum the court can do in that application will be to attach his property, bank account or salary but none of these exists so his divorce petition will be suspended sine die, namely adjourned till he pays his maintenance dues.

He need not withdraw the divorce case and continue his journey off shore till you one day get married to someeone else or start live in relationship.