Civil Procedure Code (CPC)

Husband Missing Since Last Two Months

ABC

Mine was arranged marriage 2 yrs back and my inaws are money mminded people and my husband is guy who doesnt want to listen to wife and does whatever parenst want,my inlaws wanted seperation since last 1 year but i was dragging our relationship somehow so that my life and my husbands life shouldnt be spoiled but since my husband has left home since 2 months without any information and my inlaws donot provide me his contact details ,and tell me that we will meet me only in court ..please suggest what course of action should i take..i donot want to involve myself in court cases bacuse-

1.I love my husband and he many be cruel to me but i dont want to fight with him in court.

2. i am working and donot have time to attend to cases.

3.My conscience doesnt allow me to fight a case with person whom i have loved the most in my life.

But since he has left me and is in ready to talk to me even on his parents advice and wants to fight divorce case ,what should i do?

 
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practicing advocate

You claim the maintenance and DV act cases in the court so that you will get an opportunity to meet your husband, once he saw you he may change his mind.  And thru., conciliation and mediation your husband can change and he may live with you.  Without court intervention you cannot do anything.


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Advocate

I advise it is always better to live with a person who love us than with the person whom we love. Please make up your mind to part with him. You efforts to stay with him shall never bring him to you unless he decides to stay with you all by himself. You say you are a working woman, so it may not be impossible to have a life of your own ahead. In any case, it is better to agree to get divorce through courts in the interest of both of you. 


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rights taken after demanding moreover to pull them!

yr kindness still u r not want to do court case.

o.k. if u don't want court case due to attand court procedure ,dates,then

in yr case u can choose another complinent!

or if u denie court case due to social impect so u can

complaint to socity members,family mambers and sattle a mitting

for this issue.

or u can complaint before LEGAL SERVICES AUTHORITY  in concerning district

for midiation!


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listen ,if yr counter part (husband and his family)

will file court case against u then what will you do?

such possibilty can't denie in yr case due to their action!

yet, you will not attend the court date!

then without attanding you in court date court prsume that complinent is rite!

 
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Advocate

In marriages disputes, it is only settlement of compensation and maintenance. There is no option of punishing any one. Law cannot bring two people together by force. I hope you understand what I mean. 


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Well Nancy,

It seems your husband has voluntarily withdrawn from your society, for the starters you may contact a practising family court lawyer and file a suit for "Restitution of Conjugal Rights" (sec 9) against your husband. Further any marriage cannot be dissolved on the whims and pleasure of any conjugal partner. Indian Law only provides for dissolution of a valid marriage by way of divorce and the same shall be given only if the litigating party proves any of the grounds given under the law ((sec 13) The Hindu Marriage Act, 1955) generally the ground is that of 'cruelty' which i presume shall be difficult for your husband to prove.

Please take note of madam Suchitra's first comment....

I would further advise that 'Husband and Wife are the two partners in a marriage alliance, always remember in every relationship be it business or Family, stress your rights as an equal. Do not be a victim to yourself and to others. Fight if you can... and specially when you must....     

  

 
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working

In your case i agree with Mr rajeev rao sir.....Its good that you are so kind, but it will hurt you the most if your inlaws & husband files for divorce inflicting nasty alligations on you, so its better that you wake up and help urself.

Else if they file a case you will have to suffer alot.

 
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UNEMPLOYED

" but since my husband has left home since 2 months without any information and my inlaws donot provide me his contact details "

- this is called constructive desertation.

this happened when one of the spouse desires that the other spouse realise or feel his / her necessity, the person withdraw's oneself from the matrimony for time being to provide a self correction of the other spouse.

generally it is temporary in nature. it do not treat as a desertation or cruelty to other spouse on the contray the person deserted can not extract any legal advantage from it.

 
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UNEMPLOYED

" it is always better to live with a person who love us than with the person whom we love. "

---    it is absolutely correct & scientific also.

it is seen on a social research that, the secret of  long lasted marriages are based on the principle of -  ' to live with a person who loves you, than  the person whom you love '.

 
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