DV case

Querist : Anonymous (Querist) 23 November 2015 This query is : Resolved
I have been married to my husband for 12 years. It was a love marraige which was carried out by husbands parents as per Arya Samaaj rites and then registered.

The first 3 years of marraige were blissful.. problems began when our first daughter was born.. We were both working and I was not allowed to take a sabbatical to look after the child and neither were in laws who made us stay separately from the start helped us in any way.

Then our second child was born.. The child was diagnosed with a terminal disorder and the same year ..husband lost his job.

I had to continue working in spite of my child's diagnosis. . For the next 5 years, while my husband laid back and enjoyed being jobless and torture grew on me and the kids as he was professionally jealous that his wife was doing well.

Last year he tried to Starve my I'll child to death as his family constantly kept brainwashing him that the child was a curse.

I quit working as soon as I found out .. and as soon as I did he absconded from the house never to return.

DV case has been filed and interim maintenance claim has been submitted.
The lower court approved child maintenance and rejected mine as the opposition side submitted a fake document indicating I am still well employed.
They went to sessions court to get a blanket stay on the child maintenance too stating husband is mentally challenged as he has been tortured by me over years of marriage.
And is bankrupt.

Owing to my terminally ill child's condition I am unable to got to work as I have no family to look after my kids..

I need your advise and support to know how to fast track this case. I have been scrapping of my savings for the past 16 months and my child's treatment has come to a halt.. elder ones education too will need to be discontinued if I don't receive any monetary support. .asap.

Regards

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P. Venu (Expert) 23 November 2015
You may try to get an ex-parte decision, if the husband does not appear during the proceedings.

However, law apart, the only viable option other than to be gainfully employed and take care of the difficult times.

V R SHROFF (Expert) 23 November 2015
IF HUSBAND NOT EARNING, WHAT BENEFIT YOU EXPECT??
U CAN GO FOR 125 CR P C/+ MTN UNDER HA ACT.

But it may not help you get something from your Hus.

Both of you start working again is best way out.[ at least u]

Rajendra K Goyal (Expert) 23 November 2015
No reply to query from anonymous.

K.S.Srinivas (Expert) 24 November 2015
No reply to anonymous query.

Querist : Anonymous (Querist) 25 November 2015
What reply am I expected to give. My query still remails. .. isn't there any way in which the husband and his family be made to take responsibility. How am I as a mother expected to leave a dying 4 year old child and go to work.. While an equally qualified father of the child conveniently absolves from his responsibilities. .

T. Kalaiselvan, Advocate (Expert) 30 November 2015
The unwilling father who tries to run away from the responsibilities cannot be forced to take care by any law. At the maximum he can be jailed but that is not a solution to your problem nor is it going to bring you any relief.
You are the better judge of your situation, decide.

DV case

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