Maintenance

Subha,

 

Why do you develop a negative mentality towards consumation of your marriage. It seems marriage is just a game for you, that you can withdraw ant any point of time without any reasonable excuse.

Your husband is staying in UK is not sufficient ground to get divorce. You need strong reasons with proof. 

Its my advice to you, don't try the cruel way out. You would not be able to book your husband u/s 498a as he is not at all residing in INDIA with you. You may book his parents, but, the innocent should not be procecuted.

 

Everything can be sorted out though mediation & mutual discussion. Ask your parents to have a proper discussion with your in-laws & get a way out of the situation. 

 

Last but not least: Family is a collective form of LOVE, TRUST & SACRIFICE. Patience is highly essential. Do not draw any conclusion without having strong reasons to believe that.

Subha,

Be with complete fact for use of the law but not for misuse the law. Try to sort out the matter internally between families as suggested by Mr. Nihar.

advocateanilupadhyay@yahoo.com

Originally posted by : Subha Datta
	I got married in Dec 2013, after 7 days my husband left for UK. After that he started doubting me and started mental torture. Never let me go to my parental house, used to use objectionable words on me. In April, 2014 I came to my parental house. He never said me his whereabouts in UK. What I know is his office address and his salary is about 2000pound/month (but I don't have any proof). He never contacts me for last 6 months.  It is not possible to live with him anymore. But he says he won't give divorce to me. My questions now are: 1) How can I get divorce now? File divorce petition in family court, that is the first step, then see if opposite party contests it, if not, you get exparte divorce decree, if opposite party dont want to contest peitition go for MCD. 2) If he doesn't come to India in next 1 year, what will happen to the case? can she make the case delay? If he dont come you get exparte divorce. 3) 498a(I don't want though) or simple divorce case? Anyway you want to end it, file whatever cases you want against husband and company [498a, DV, 125 crpc etc etc etc], and he will never wish to be    born again in this country India :-)) 4) I want to file the 125 crpc case now. How much can I claim? I used to teach in a private montessori school and used to earn only Rs 2500/ as honorarium. I left that 2 years ago.  Awe, nice, motessori teacher, dont file any cases against husband, just set an example to kids whom you teach in montessori.  Filing 498a DV etc will only lessen your chances of getting a boy in the future.  Nobody wish to marry a 498a, DV wife.  File 125 crpc asking maintenance, but as you WERE already earning money, there is a chance that you may be denied maintenance by court.  Anyway give it a try. 5) How much time he can make it delay and finally if he refuse to give it how can he be forced to?  if he contests your divorce petition, case will get prolonged to 7-8 years. 6) His parents in kolkata. So, will his parental address in india and the official address in UK sufficient for the divorce and 125 case? Parental address or UK address, both would do.

it is not clear that now were you are staying with your parents or at your in laws place 

as you said that only 7 days he was with you ant after that he left to uk the you stayed at your in laws place and who made you stop to go to your parents house thus your in laws or your husband and how

as others said without making any attempt to solve the issue directly if you want to end the marriage life then it is your choice but give a chance and leave happily even your parents will love your decision but no you want means first consult a lawyer then elaborate the full details not half and see his reaction 

as said above for divorce if both parties agree then best option is Mutual consent divorce and one party want to contest then how many years it will take cannot estimate because court considers yours part with evidences you provide and their part contesting part and if other party does not contest the case then say within mostly one year you will get ex-parte divorce decree and if he does not want to appeal then you can re marry 

First: Have decided that you want to go marriage dissolution mode? Second: Are you planning to forget past and looking for new life partner. If answer on both is "yes" File divorce on simple ground of desertion, cruelty and forget 125 claim or think latter, if this ethical on your part., however you can always claim your Stri dhana, jewellery or other reasonable expense. If answer to second question is "NO" you should send notice for restitution and after one month to file suit for restitution u/s 9 of HMA. Send notice. Through embassy. Than your husband will file counter claim for divorce or admit to relation back. Both way, win win for you. You will know, if he loves you, he will admit to relation in restitution of conjugal right case and in that case you should try again to build faith and trust in your relation. Other hand, if he file counter claim for divorce, than nothing left in the relation, get divorce and claim lump sump maintainance, start your new life and claim marriage expenses.

First: Have decided that you want to go marriage dissolution mode? Second: Are you planning to forget past and looking for new life partner. If answer on both is "yes" File divorce on simple ground of desertion, cruelty and forget 125 claim or think latter, if this ethical on your part., however you can always claim your Stri dhana, jewellery or other reasonable expense. If answer to second question is "NO" you should send notice for restitution and after one month to file suit for restitution u/s 9 of HMA. Send notice. Through embassy. Than your husband will file counter claim for divorce or admit to relation back. Both way, win win for you. You will know, if he loves you, he will admit to relation in restitution of conjugal right case and in that case you should try again to build faith and trust in your relation. Other hand, if he file counter claim for divorce, than nothing left in the relation, get divorce and claim lump sump maintainance, start your new life and claim marriage expenses.

Why and what made your Husband start suspecting or doubting you?

If you are not interested in marriage any more, don’t file False cases or unnecessary maintenance charges.

Talk to your Parents, In Laws and then to a Lawyer get his advice, discuss and file accordingly.

 

Remember after divorce what you want to do?

please try to understand her emotion, gentle lady has already expressed that she don't want to file 498a. We should be very cognizant that the person who came forward to place his problem in public forum is surely trying to have positive counselling and not intending to misuse law. Sometimes there is no reason for suspect. It's not all women misuse law, there sufferer also. We have to first think that both parties are sufferer / victim of circumstances.

Thank you all for your valuable suggestions.

I think I should describe my case more clearly

1) He has not kept any contact with me for last 8 months and never told me his address in Uk.

2) I tried to contact him, and asked many times about his whereabouts in UK, but he refused to tell it. Only what he did (purposefully) is asking me to go to UK but never gave me any info about his address or work in UK.

3) He used to call me at midnight once in a month or two and used to threat me and my parents over phone.

4) His parents refused me to accept me and didn't allow me to stay in my inlays house. They have locked my room and now denying all my belongings that I have left there.

5) Me and my parents have propsed for mutual divorce many times but my husband is saying that he won't go for MCD and any divorce.

6) Now I want to get rid of this relation . And he is not about to come back to solve the problem. May be he will settle in Uk leaving his parents here. His parents also doesn't matter to him.

So what is the way to get Divorce in this situation? 

a) Will simple divorce case help?

b) Will 498a(though i don't want) help? Will that force him to come back to India? If he doesn't come back then will I get exparte? Or can he drag the case staying in UK?

c) Will 125 crpc help me getting maintenance? Will that help me to get divorce?

d) What is the best way to force him to come back to india and give me divorce? 

If he is sure that he wont give divorce, then it will take a lot of time, say 7-8 years for you to get divorce.  He can stay in the UK and still contest such divorce petition.  Its useless to file 498a etc, it will surely backfire and filing false criminal case against husband and inlaws will attract perjury.  Legally there are no options for you to make husband come back.  Though 498a will get him deported, there is no meaning in getting him back if he dont want to come back.  You are only left with option to convince him for MCD or file divorce petition based on desertion and then wait for court to grant divorce if it deems fit so.   You can file application under 125 crpc asking maintenance.  You will get back your belongings once the divorce is granted, provided you have valid  VAT bills for the claims you make in family court.  BTW why have your in-laws rejected you?  Are you a specially abled?

Samir explained everything very explicitly. Appreciate you!

No, It was there 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. But when I tried to contact my in-laws for discussion and solution, they told they are not going to accept anymore. And thrower me out of the house. 

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?

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?

My suggestion go ahead, you seems to be truly sufferer. Explain your spontaneous incidents and behaviours of in law. Your husband will automatically come to India and you will get your all belongings and marriage expenses etc.