I married on nov 2007 in India , after 2 months went to stay with my husband who stayed abroad , then came back after 2 years when i was pregnant and stayed in india for 1 year , delivered a baby boy in 2009 in india , then went back to abroad again , came back in 2012 with my husband and child . There were dowry demands again n again from my husbands and his family side always , the final demand was a lot for my father to fulfill so he said no , my husband came to my house for a discussion on the dowry demand and even mishandled my brother and we got him arrested thr the police , he pleaded and agreed to his fault thats when he was left that nite by the police , on the very next day flew out of India leaving me and my 4 years old child in india at my fathers house , from that day we dont know where he is , in India or outside India . My inlaws have got my jewellery with them as i was not allowed to bring it with me when i left my inlaws place . I have filed a 498 case , a domestic voilence case and a 125 maintanence case against him . He has got a one bed room flat in his name and has booked one more flat in mumbai itself which is ready for possession now and has some amout to be paid to the builder . i am staying with my dad from 2012 , we have not got a rupee as maintainence nor have got any place to stay from my husband or inlaws side
I want to State the follwing
1) The 498 case is not moving ahead as my mother in law says shes doesnt know where her son is , and due to his absence the case is not goin ahead as the notice cannot be served
2) The domestic voilence case is also not moving ahead as they cannot serve to my husband as he is absonding , we tried to send it thru the embassy abt 4 times but it has always come back stating some or the other error in the summons
3) The section 125 case - we have just requested the court for a pasting order as thrice the mother in law has refused to my husband staying there at the adress he owns a flat .He owns a flat on his name solely
WHT SUD I DO NOW -
1) Its been 4 years his absonding and hes never tried to contact me after that - shud i wait for the 7 years to declare him dead and then proclaim my rite to his assets ??
2) Can i file any other case or move any application to get relief for my maintanence or place to live in any court ??
3) Do i file for Divorce as hes not goin to come back and if i file for it will i get my jewellery back which is with him or can i claim on any of its assets as hes absonding ?? will his child have any holding on any of his assets which are on his name solely
4) PLEASE GUIDE ME WHT TO DO AS I AM A BURDEN ON MY DAD WITH A KID
THANKING YOU