LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

gaurav (teacher)     30 July 2015

Swift action against husband- sufferings for over 2 years

hi.. I am posting this on behalf of my sister. She has been seperated for over 2 years and has a baby kid. She was kicked out of the house on account of various demands. This forum is full of girl's side harrassing boy's but this is opposite here. We have been suffering a lot and was wondering if there is any way to put to an end to this. I would like to seek your advice on following:

1. Maintenance: This was fixed after two years of long battle (that to paltry sum of 10K) but even that's not being paid. What is our immediate swift remedial ?

2. Divorce: We initiated many times to end this but Boy's side particularly his brother and mother are extreme bad people and alway's hinder this. If we initiate the divorce fillings, would it have any negative impact ? Not sure looking at the scenario if Boy's side can extend this. I consulted my lawyer and he said we can file this but won't get anything as part of settlement via court and it will take minimum of 6 months.

So, if we initiate this, can this extend beyond six months ? Looking at the scenario , do they (Boy's) has the right to object to divorce ?

3. Dowry proceedings: Case has now started in the court and they are asking for witnesses. Please advise what will be future course here ?

Owing to situation, I have no one to followup or run around. I tried to get in touch with local people but they are not able to do anything due to stubborn attitude of Boy's side.

Was just wondering if Justice can served here ? I stay outside my hometown and my father is handicapped. We ourselves tried to end the matter but boy's side are alway's reluctant and want to extend the matter in the name of harrassing us. Meanwhile Boy has an affair and he is enjoying with his life.

Please advise remedial action. Was trying to find women groups or social workers (based in Mohali/Chandigarh). Any contacts would be greatly appreciated.

 

Thanks



Learning

 10 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     30 July 2015

The Supreme Court on Monday said the right to maintenance of a wife was absolute and no exceptions could be made, ruling that Section 125 of the Code of Criminal Procedure. file an execution petition for maintenance in the same family court. 


(Guest)

Yes I understand.  Having a sister who is having a baby and sitting at home is a pain in the arse. Well as suggestd by Ramachary gaaru, you can go for execution proceedings, if any property or cash is there in husbands name it will be attached and sale proceeds of such will be given to wife {your sister}.  

But be cautioned, that if husband does not have anything in his name and is ready to go to jail, or is not to be seen at all, then issuing of warrant and notice in paper is also of no use.

 

marriage is a sacred bond, which need to be understood not just by husband and wife but also their respective famillies too  It not just takes two to tango, but two familes to tango.  

 

What I suggest may not sound good, even now for sake of baby you people can make them live together and lead happy marital life, leave aside ego and ask them to carry on with married life.

 

All the best.

SuperHero (Manager)     30 July 2015

@Gaurav - Sorry for your Situation. This forum is to help people whether Women or Men.

There are several examples where Women have posted queries and got good replies.

What we need is No Gender biased laws.

Courts take time and it is a long process. Say for E.g a Celebrity hit and run case which started in 2002 is still running and a bomb blast case after 20+ years is being held. So you can think about it. 

I would suggest your Sister to brush up her skills and start looking for a job where she will have some financial independence, gain some Confidence and also will build some self esteem.

Please don't say she is illiterate or some thing.

There are some lakhs of Women who work travel by train, cook food and take care of kids too.

Where there is a Will, there is a Way. 

 

 

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     30 July 2015

q 1. you must file execution case against husband 

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     30 July 2015

Q 2 no there should not any possibility of negative impact

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     30 July 2015

Q  case strated in court in what section and now in what stage.

deep (deep)     31 July 2015

Give bestest values n life to kid

File execution of maintenance within 1 year of order, otherwise it will become null and he wil not b asked to pay after 1 year

Time will teach him lesson

gaurav (teacher)     31 July 2015

thanks all for your valuable comments. Can you please also advise on the Divorce part.

If we initiate the divorce proceedings, are there chances of extending this from boy's side ? They are already seperated for over 2 years with no chances of reconciliation. 

What could be appx time period for the whole proceedings and chances of getting the settlement amount ?

Please advise. Also, any contacts for social groups which can help in these matters would be really appreciated.

 

SuperHero (Manager)     31 July 2015

@Gaurav - If you see MCD is the best option in India to get divorced from 6 months to 1 Year.

If the case gets contested it may take 7 - 8 Years.

Please check with a Local Lawyer and act accordingly.

PLEASE NOTE COURTS ARE DELAY CENTERS.

Kiran Kumar (Software)     02 August 2015

Why are you looking for divorse? Do you want your sister to re-marry?

Dont expect Divorse and maintenance both,

You need divorse only if you want to remarry - If you remarry obviously you will loose maintenane.

 

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register