Absconding husband. need urgent help

I can continue to pay the EMI but unfortunately 40,000 is huge amount apart from the maintenance and living cost which i bear. I am keep to continue in this house as this has been my share household since past 3 years. My inlaws in native have disowned and disinherited my husband. I am very sure he is running away as he doesn't wants to pay any alimony.

its very easy nowadays to drag a case for no reason spoiling others life and family.

I am about to file DV just for my basic needs food clothing and shelter. I am not looking for any maintenance just a shelter till i get degree of divorce in my hand. I was still under the impression that my husband would behave properly and accept his mistake so till date i refrained from filing any cases.

I am still struggling to accept the infamous, "I love you, but I'm not in love with you anymore".

Legal process is a part of legal battle which needs a strategy to achieve desired success and that strategy cannot be said as stupidity under any circumstances.

Originally posted by : UMA
	I am about to file DV just for my basic needs food clothing and shelter. I am not looking for any maintenance just a shelter till i get degree of divorce in my hand. I was still under the impression that my husband would behave properly and accept his mistake so till date i refrained from filing any cases. I am still struggling to accept the infamous, "I love you, but I'm not in love with you anymore".

@ Author .

Its going to be a long struggle filing cases . attending  court dates,work   etc and if you have a child which you have not stated managing between the two . The reason being a lot of learned people will make tall claims and they will pep you up with this strategy and that strategy of the legal process.If you werent working it was a different question than you could seek maintenance The next thing is that your husband has not beaten you and driven you away from his house and you are still residing in his house hence how do you prove domestic violence ??. Its good to know that you are on your own feet .Its  a good thing that as of now you have not filed any cases .Visit the court where people have filed DV cases and you will realise how you are going to manage between work , court and Kid .

1.You have not disclosed your salary wether it is sufficient for you as you are a woking women.

2. Please note the meaning of maintenance includes your basic necessity food , clothing etc  . 

3. since you are a working women you would  not be entitled to maintenance . 

4. so  where does the question of alimoney arise .

5. Once you file a DV case you will start getting drained in terms of lawyers fees :-).

6. If you can convience your husband  for MCD you can convert your contested divorce case into the same and you may be in a position to mutually seek some relief from your husband if he accepts it .

7. The reason that his parents have disowned him is that tomorrow you cant go to his parents house and park yourself over there . 

@ Roy 

if this is what you call strategy than contest this case and get the author of this post the results  what she desires .

@ stanley,

It appears from your profile in LCI you are a non legal person and as such you posted your views accordingly.  But I opined on the subject query as a featured expert lawyer of this portal who's profile is significantly appearing in the records of LCI.

@ Roy 

Congrulations on you being featured as a expert lawyer on this portal .

I have my views you have your views . 

can you state what reliefs would the author of this post gain by filing a false DV case .

@Stanley,

I have live witnesses with me. My husband and his family has assaulted me many a times. Its been more than 8 months of counselling which failed as my husband and his family are just too arrogant and selfish.

I dont need to file false DV when i have actually faced unreasonable mental cruelty from him and his family.

Please dont go with unnecessary assumptions....

We need to put responsibility where it lies: on men who violate women, and on all of us who let them get away with it while we point accusing fingers at their victims.

We will be able to give women who have been assaulted what they truly need: not a load of rubbish about how they should feel guilty or ashamed, but empathy for going through a terrible trauma.

@ stanley,

I differ with your observation  regarding the actual grievances of the author.

Her grievances are as follows :-

(a) She is an working woman as such she is not in need of maintenence, but she is interested for a permanent shelter. The flat she is currently using and occupying  was purchased by taking Bank loan which is standing in the name of her husband and EMI was paid for 3. 1/2 years but she is not in a position to pay Rs.40,000/ as EMI to Bank.

(b) Her husband is hiding himself and residing somewhere at Hyderabad just to avoid payment of maintenence.  Husband's parents also disinherited her husband from their property by paper publication. They also denied whereabout of their son i.e., the husband of the author.  Her husband also filed a Divorce case against her by putting some false and frievolous allegations against the author.

(c) Although her husband is residing in an unknown place he is wihdrawing his monthly salary from the Bank immediately after it is depositing by husband's employer just to keep the credits as 'NIL' in his account.

Summing up all the aforesaid facts any pudent man can easily arrive at a conclusion that the husband is out and out a wicked man who in connoivance with his father planned to deprive the wife from any shelter by defaulting payment of monthly EMI to Bank and side by side by paper publication she can be prevented to claim accomodation in her in laws house which is her matrimonial place. Such criminal mischief and ill motive of the husband and his parents can be foiled by making a counter strategy for arresting  her husband when he will come to withdraw his monthly salary from the Bank and for such purpose I adviced the author to consult a local Senior lawyer practicing in Criminal Court.

Thanks Roy Sir...

Could you please brief me on injuction or stay for dispossesion.

What measures shall i take up to avoid being thrown out.

I have reason to apprehend that this is a criminal mischief cooked up by your husband  joining  hands with his father and in league  to dispossess you and to deprive you from all rights and prieveleges for which you are entitled to as a legally married wife.

@ UMA 

Our learned person Mr Roy is not answering your query about an injunction order .

1. since you being a working women the question of Maintenance is out of contex .

2. your husband has not driven you out of the house but as a matter of fact you are staying in a house that has been booked by him and that belongs to him .

3. Next you have stated that he and his family have assulted you .At the time of cross examination you would be questioned as to why no FIR has been Filed . Than the next question that would be raised is the nature of your injuries . The name of the doctor and the hospital that treated you . The admission and discharge report which would display the nature of injuries . Do you have all this .

  Nothing more to add .i have to state that the author's husband is playing his cards very well .

@ Roy 

Being a featured lawyer on LCI can you state your counter strategy on how to arrest the author of the husband when he come's  to the ATM Machine to withdraw his own salary .I do agree that he is defaulting from paying his EMI's . The bank too would not bother much about this as in the course of time they would take possession of the flat .

Hi Stanley, All the assaults have been brought in notice in womens police station. I have medical reports too. I was mum in hope my husband would change and behave properly.

Thats why i told i have facts/evidence to file DV. No false allegations.

@ stanley,

To me it is not a hard task.  To form a successful legal strategy knowledge of the entire facts are needed for which all senior counsels emphasize upon legal coference i.e., face to face discussions which gives an opportunity for examination of the complainant to find out relevant case laws in favour of the complainant.

I have to state . 

That the author of this post is not bound to get much relief under a DV case .

1. Maintenance is out of the question .

2.RIght to residence too is out of the question as you are already residing in his  flat and you have not been driven out .

3. Protection order based on what you can prove in court  it can be passed .But the next question raised can be as to why the hospital which treated you for the injuries  did not call up the police station and file an FIR .

@ Author i have to presume and state that get in touch with  Mr Roy and seek the counter strategy as he does not wish to state the same over here .