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Subha Datta (STudent)     29 December 2014

Please help me

It was their plan. My husband knew that he is not going to take me to UK , I don't know why he married me. For some tax benefit? may be. leaving me in India he is not contacting me nor giving me his address and work details in UK. My in-laws also started misbehaving to me. I stayed for 4 months in in-laws house. Then I came to my parental house. When I tried to contact my in-laws for discussion and solution, they told they are not going to accept me anymore. And threw me out of the house. I tried for MCD. They didn't agree. I wanted divorce without demand, they didn't agree. May be they want money from me for the divorce or they will harass me, they have told me that they are going to linger the case for 7-8 years. And my husband has no plan to come back to India.

If he doesn't come to India, what is the best way for me to proceed...so that I can get divorce early, my whole life cannot be rued for that fraud fellow and his family!

I mentioned that I didn't want 498a, but as they are no-way thinking about me, or helping me, moreover trying to ruin my life, I am going to police with all the TRUE facts, and if that falls under 498a what can I do? This is not a false 498. I know many women misuse of that , but that doesn't mean that there is no real 498 case!

Tell me one thing clearly, If my complaint falls under 498,

1) is it obvious that a arrest warrant will be issued? 

2) If so will that warrant go to his home address? is His home address sufficient?

3) Will it force him to come back to india?

4) Can "red corner" be issued against his name?

5) If he comes to India once, will the court impound his passport until the case is solved?

6) How can force my in-laws to give me maintenance or shelter if my husband doest come back to india or provide maintenance to me? They cannot ruin my life. Where is my legal safe-guard ?



Learning

 8 Replies

Dr J C Vashista (Advocate)     29 December 2014

@Subha Datta,

Did you ask this question from your teacher/tutor? If yes, what is the answer. If no, ask.

K.P.Satish Kumar (Advocate)     29 December 2014

You can file a petition to restore your conjugal rights. Can also file Dowry case if they demand dowry. If need Divorce file divorce. you husband should come to the court and answer it, other wise you can get a exparte divorce decree.

Kapil Chandna (Lawyer at Supreme Court of India)     29 December 2014

Dear, Better file all the remedies available go you against your husband and his family members .. Don't anticipate what is the fate of these cases..... Don't ask for divorce, create a situation wherein they will come and give divorce to you with all compensation for the mental pain and agony caused go you and your family ..... Kapil Chandna Adv 9899011450

Saurabh..V (Law Consultant)     29 December 2014

Hi

 

 

Please see my response below:

 

Q.1.) is it obvious that a arrest warrant will be issued?

 

A.1.) Yes. But in due course of time. However, if the presence of the accused is exempted by the court then there would be no need for warrants. However, generally courts doesn't grant such exemptions easily.

 

Q.2.) If so will that warrant go to his home address? is His home address sufficient?

 

A.2.) Yes. His home address is sufficient.

 

 

Q.3.) Will it force him to come back to india?

 

A.3.) When police will start to make repeated visit to his home, his parents would feel uncomfortable. He would then mentally feel compelled to come back. However it depends how his parents handle the case & police.

 

 

Q.4) Can "red corner" be issued against his name?

 

A.4.) It depends on how he responds to court order for his presence in the case. UK Embassy could be informed by the police here in India to force that person to come back to India.

 

 

Q.5) If he comes to India once, will the court impound his passport until the case is solved?

 

A.6.) Yes. If court finds enough proof on records to go in your favor or believe that your enstranged husband will not cooperate in the court proceedings, then his passport would be deposited in court till disposal of your case.

 

 

Q.6) How can force my in-laws to give me maintenance or shelter if my husband doest come back to india or provide maintenance to me? They cannot ruin my life. Where is my legal safe-guard ?

 

A.6.) Your in-laws are not bound to maintain you. Please understand the basic difference between getting justice & getting revenge. So I suggest that you fight your case without bias and concentrate on your ultimate objective. If you try to tussle with your in-laws then one fine day you would find yourself entangled badly in this simple case.

 

All the best!

 

//peace

/Saurabh..V

Subha Datta (STudent)     30 December 2014

Exactly. Thanks for the research. Yes, its true that I questioned from the male's side too. I had to. To know the exact situation well. The resin is that this forum is Male Dominated, and the answers also most of the time is that. I have not seen any thread which suggests to go for 498? (i don't want though) . But I don't believe there is no case where you really need to go for that. I had to know what the other party can do, so that I can defend myself in a better way. When my husband is trying to ruin my life, It is me who have to defend myself and keep my life safe from that fraud fellow. I wanted to stay with him, I wanted MCD... I wanted divorce without any demand, still he is saying he won't give divorce. and I have come to know that he is in live-in relation there and will get citizenship there, then marry her and will lead a happy life. what will happen to me then? I am still in utter depression and in search of the solution.

Biswanath Roy (Advocate)     30 December 2014

To come out from the crux of the problem you need a strategic plan and that needs face to face discussion in a meeting.  If  you are a resident at Kolkata you can contact me.

My contact no.9836858000,  E-mail - bnroy.advocate@gmail.com

T. Kalaiselvan, Advocate (Advocate)     31 December 2014

Your dubious questions appears you are testing the skill of people here who render charity service at free of cost to help the deserving distressed people who cannot find a solution elsewhere for their problems. This is not a place for passing your time by posting queries to tease the experts here. You do not deserve any reply and I remain from not answering you.

Thanks to @Super Hero for bringing this fact to light.   Let others be aware of such fraudsters trying to misuse this portal to satisfy their ill-motivated ideas for taking revenge on their counter parts or for some other reasons, to not to render any legal assistance to evil minded querists.


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