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Nancy (ABC)     11 March 2011

Husband Missing Since Last Two Months

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?



Learning

 16 Replies

adv. rajeev ( rajoo ) (practicing advocate)     11 March 2011

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.

2 Like

Suchitra. S (Advocate)     11 March 2011

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. 

4 Like

Sarvesh Kumar Sharma Advocate (Advocacy)     11 March 2011

 

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!

1 Like

Sarvesh Kumar Sharma Advocate (Advocacy)     11 March 2011

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!

Suchitra. S (Advocate)     11 March 2011

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. 

2 Like

Jerry Lopez (Lawyer)     11 March 2011

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....     

  

Lekha (working)     11 March 2011

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.

Arup (UNEMPLOYED)     11 March 2011

" 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.

Arup (UNEMPLOYED)     11 March 2011

" 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 '.

Nancy (ABC)     11 March 2011

Suchitra Mam

 

Thanks for your advice and furthur to this i would like to know what should be my course of action as he statys out of town and has filed dv in that state ,since i dnt want seperation and dont want to go to court where he has filed dv ,will staying silent help...whats are grounds on which court court will decide the case??

Suchitra. S (Advocate)     12 March 2011

Dear Nancy, DV case can be filed only by a female and not by a male. he can file a case of restitution of conjugal rights or divorce. As a legally wedded wife, you can ask for maintenance, divorce, restitution of conjugal rights, DV case against your husband. And if at all your husband files a case against you, you will get summons from that Court and you have to appear before that Court and contest the case. In no case you can sit silent if you receive summons. If you do, then Court will issue ex parte orders in favour of your husband. 

I advise you to consult an advocate for more information regarding your course of action.

Nancy (ABC)     12 March 2011

Thanka Suchitra Mam,

My inlaws have got enough political influence to get the Divroce case turned in there favour and they are also provoking me to take legal actions in every conversation wherein we try for resolution ,they tell us that since it is not possible ,we cn forward and do whatever we want.

Pls advise after how many summmons is Case declared ex-parte ???

Arup (UNEMPLOYED)     13 March 2011

" My inlaws have got enough political influence to get the Divroce case turned in there favour and they are also provoking me to take legal actions in every conversation wherein we try for resolution "

- THEY ARE TRYING TO CREATE MENTAL PRESSURE UPON YOU.

POLITICAL INFLUENCES HAS NO EFFECT OVER A COURT. BUT IT MIGHT BE THAT THEY BRIBED.

1 Like

(Guest)

" My inlaws have got enough political influence to get the Divroce case turned in there favour and they are also provoking me to take legal actions in every conversation wherein we try for resolution "

 

divorce seekers often do that when otherside is clean and innocent.Provoke him/her so that he/she gets a ground to file divorce.


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