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Want to teach lession to a cheating husband

Page no : 2

kiran Chhabra (none)     10 June 2014

Mam

I got married on 24 Nov 1999 at a small town near Amritsar (Punjab). i have a son, born on 8 September 2000 and is with me. My mother in law and husband harrassed me mentally and forcefully gave me treatment from the Mental Hospital, Amritsar for more than 6 mnths and threatened me not to tell any body about this not even my parents. when I went into depression because of those unfair medicines my brother brought me back with the help of police force on August 16, 2005. we had many local panchayts to resolve the issue but in vain. in 2008 we filed a case of Domestic violence against my husband and in 2011 a second case of Compensation and Maintenance. The court has ordered my husband to pay Rs. 8,000 (5,000 + 3,000) for me and my son.

Now the main problem is that in 2011, my husband fled to America after getting married to some other girl, after being declared PO (proclaimed offender) because he never appeared in the court. I don't know the whereabouts of my husband and any detail of the girl whom he married. 2 mnths back my mother in law gave a written statement in the court that she in not linked with her son and know nothing about him.

But the fact is that on 8 June 2014, she too has fled to America after distributing the ancestral property to my both sisters in law and the new relatives (mother of the girl whom my husband got married).

Mam, what should I do, I am totally dependent on my brother's family. My father expired before my marriage and my mother is bed ridden.

satish bhaskar (Litigant)     10 June 2014

@ kiran Chhabra

Give all these details to the authorities in writing. Better to do something than just sit. Also be thankful you have your son with you and your brother supporting you. Try to take up a job to stay busy. That will also help your brother. Write a detailed letter, with all facts, honestly, send copies to as many authorities you can - top police officer, to the court that awarded you maintenance, to the highest judge in your state ( high court chief justice ), M.L.A./M.P, President of India. Learn to labor and to wait. And trust in God and yourself.

Aparna (None)     10 June 2014

Thank you satish,

The marriage was done ten years back, I  suffered from brain hemarrage, and got operated twice on brain. Now I am not in a position to bare the torture. I cannot afford a good lawyer

Adv. Chandrasekhar (Advocate)     10 June 2014

@Aparna, If it is out of court settlement, then your advocate is correct and contempt of court does not attract.  But in your first post you said and I quote - "During reconciliation session (It was done by judge), My husband agreed to give put his house on my kid name and make me a nominee and mentioned the same in case closing document too., He also agreed to pay 20000 towards expenses, and paid same."

If judge has mediated then certainly the provisions of settlement shall come on order sheet.  Any how, if it is out of court settlement and has not been recorded in judicial records, the option open to you is to file fresh Section 125 cr.P.C. case and also giving the details of the previous petition and in what circumstances you withdrew it.  There is no bar to file Section 125 Cr.P.C. maintainance petition again.

Adv. Chandrasekhar (Advocate)     10 June 2014

@kiran Chhabra,

Keeping in view of the more matrimonial problems related to NRIs in Punjab, the Punjab Police has set up a special cell and they accept the complaints on e-mail.  They say that through their sources they trace out the fugitives lying low abroad to escape the clutches of law. The police cell's email address and contact numbers you find out from googling.  Next, National Commission for Women also has a special cell to register the complaints against NRI husbands.  You can send your complaint to them also.  In your post, you has not mentioned that he took divorce from you.  If he married again without taking divorce, then it is bigamy and a criminal offence and it is also a severe crime in US.  If that is the case, you ask your advocate to look into the matter in this angle also, and if he is offender of bigamy, a complaint from you to US administration would put them in hot chase against your husband.

satish bhaskar (Litigant)     10 June 2014

@ aparna

sorry to hear about your state. try never to give up. wish you good health, strength and courage.

feel you should follow chandrasekhar's suggestions and file fresh case again. show more determination to win.

no failure is final unless you give up. it will be better in the long run for you and your son.

 

@ kiran Chhabra

send your complaints as chandrasekhar and i have suggested and wait. always hope for the best.

Gautam Kapoor (IT professional Studying Law)     11 June 2014

your health condition apart ..read brain haemmorage has got nothing do with the maintenance case nor can be taken as a conduit to plead the judge for relief.if your words are construed to be true ,you seem to suffer form this stroke before marriage which you would have concealed to your husband.

Nor it is  as  serious as the male suicides prevalent in the country wherein mothers loose their sons due to the torture of their DIL.

If you are so unwell why are you after his property, you should have been greatful if he indeed would have transferred the property in his off springs name.

great india (manager)     14 June 2014

You can file a fresh 125+ DV , as advised properly Moreover if he comes for reconciliation, try registering statements under oath. If you case is genuine, certainly you Will get the benefit

Gautam Kapoor (IT professional Studying Law)     14 June 2014

cheers ... gents .. cheers .. a lady who has not got any money to provide to her lawyers...facing a brain haemmorage .. aka a stroke ... is not satisfied with the property transferred to her own offspring...and wants to teach her husband a lesson. cheers on your judgement.

Gautam Kapoor (IT professional Studying Law)     14 June 2014

I RETIERATE

your health condition apart ..read brain haemmorage has got nothing do with the maintenance case nor can be taken as a conduit to plead the judge for relief.if your words are construed to be true ,you seem to suffer form this stroke before marriage which you would have concealed to your husband.

Nor it is  as  serious as the male suicides prevalent in the country wherein mothers loose their sons due to the torture of their DIL.

If you are so unwell why are you after his property, you should have been greatful if he indeed would have transferred the property in his off springs name.


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