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Audrey M (Associate)     18 October 2014

Troublesome divorce

I have separated from my husband for the last 4 years now. Whenever I try to contact him about completing the divorce he manages to make an excuse and gets nasty. I have tried on several occasions to convince him. The only way I can contact him is by calling him .I do not have his address or any other contact information for him. How can I go about getting this divorce from him? How can I claim for maintenance for two of my slaughters who are 16 yrs and 12 yrs of age? I have been working and taking care of them for the last 4 years now without any support from him.


 3 Replies

Adv. Chandrasekhar (Advocate)     18 October 2014

Now, for the time being do not contact him on telephone.  Instead of that, engage a private detective and give him the telephone no. of your husband.  He will find out the residential as well as office address of your husband on the basis of the mobile number.  After obtaining them file divorce petition on this office as well as residential address under desertion as well as cruelty grounds. And also file a separate petitioner under Section 125 cr.p.c. for maintenance of children and for yourself (if you are a working lady, whether you are entitled or not depends on several other factors).  Till this process is completed do not contact him on telephone.


(Guest)

It appears that he has meticulously planned not to reveal his address, hence, serving him any notice of RCR or even divorce petition wont be of any use.  These days people are well educated about law and find many ways to avoid paying alimony.  Not giving address at all is one among them.  Even if you somehow get his address, he will surely not accept the RCR notice or the divorce notice.  Its all about money.   BTW kudos, you are single handedly looking after two kids and also yourself.  Hats off  to you.  Even if you claim maintenance for 16 year old kid, it will be only for 2 more years until she turn, 18.  and for 12 year old kid you can claim maintenance till she turn 18 for 6 more years.  It appears that your husband dont want any responsibility at all, running behind him will be like running behind  mirage.  You can get ex-parte divorce by giving whatever last address you have of him to court, so.. file for divorce as soon as possible via competent local lawyer. If all this look like headache job, wait for 3 more years, and you can marry anyone easily.  7 years absconding, will be considered socially dead. 

stanley (Freedom)     20 October 2014

@ Author .

Maintenance for the child is co-extensive and hence both would have to contribute . If he has an fixed assets than the same can be attached for maintenance of the children as and when the court order is passed ex- parte .

As to desertion you have not stated wether you have walked away from him. If he has walked away from you than you can claim for Divorce on the grounds of desertion and the same has to be proved.

 

I would disagree with @ Mr Chandus advise stating that the author of this post can claim maintenance under crpc 125 for her self even though she  has stated that she is a working women .I wish Mr Chandu can state how ???


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