DVA application and maintenance
Kamal Grover
(Querist) 22 September 2009
This query is : Resolved
In a love marriage case. Husband run away from home after 2 year and file the divorce case in another city Delhi far away from matrimonial house. Girl file the DVA application and maintenance case in Delhi and demand shelter coz her parents did not allow her to come back.
At the time of reply Husband withdrew his case and again the Delhi and ran away in other state of Punjab. Now how the girl can get the maintenance and DVA relief coz she is helpless and alone and require relief immediately.
Regards
riven
adv. rajeev ( rajoo )
(Expert) 22 September 2009
Dear Kamal,
IN such case it is very difficult to get the immediate relief when her husband is in the habit of running away from state to state. She has to wait.
She has to file seperate Criminal Miscellenous case claiming the maintenance. If her husband didn't appear it will be definately allowed. After the order she will have to file recovery petn, in which court will issue warrant, but it takens time.riven
Raj Kumar Makkad
(Expert) 22 September 2009
Agreed with Rajeev. If husband has any immovable property on any location, the same can also be attached and I think in that case he shall definitely appear to save his property and work shall be done thereafter.riven
Kamal Grover
(Querist) 22 September 2009
Husband has not having property or the girl is not aware.
Even the court allows the maintenance even then how it will be executed. it is the tough question. Plz explain how it is possible.
riven
Raj Kumar Makkad
(Expert) 22 September 2009
Though in execution, the husband can be jailed as per provisions but your question is perhaps with regard to recovery of money. If the wife is not aware about the property/income of her husband and on the other hand respondent husband has also no income/property and even then any maintenance order has been passed, in that situation nothing can be done except praying God to provide much to respondent husband so that he may become in such a situation to feed himself and her quarreling wife.riven
