advice

So you are un nerved becauise he escaped your planned tourture -  you case truly reflects how wives wants and are currently torturing indian husbands.

He filed the divorce petition.  You are contesting as respondent.  It appears, you do not want to give / take divorce.  If that is the situation, you have to follow this suggested path.  In divorce cases, the first stage is MANDATORY CONCILIATION/COUNSELLING PROCEDURE.  It cannot be done without the presence of the both husband and wife.  Even though POA is given by husband in favour of his mother, she cannot participate in counselling / conciliation proceedings, as after all, the marriage relationshp has to be maintained both by wife and husband and not by bahu and sasu ma.  So, your first step is to move an application saying that the conciliation/counselling proceedings and further proceedings be kept in abeyance and give the sine-die order and send the divorce file to record room till the husband appear in flesh and blood in the court.

Next, your DV case.  You get it proceeded and contest the matter properly and get the reliefs you sought for.  Here, absence of husband will not create any problem to you to get the desired relief.  If he will not come at the time of his evidence (his evidence cannot be given by POA), he will face the ill-consequence of his absence and you will get all the reliefs.

Regarding duplicate passport-  Why is it necessiated for him to get duplicate passport?  Whether the court asked him to surrender the original passport and in compliance of the court order did he surrender the passport and now to run away from the scene, did he get a duplicate passport?  If it is so, it is criminal offence.  File the application in the court where he surrendered the passport and also inform the passport authorities about his getting prepared the duplicate passport, while surrendering the original passport in the court.  If it is not like that and he lost his original passport and got duplicate passport and there is no court order restraining him to go abroad, he will be entitled to do so.  

I THINK YOU JUST FOLLOW THE ADVISE  GIVEN BY EXPERT CHANDU OVER HERE.

IF YOUR SIDE IS TRUE THEN THE COURT WILL DEFO UNDERSTAND IT.

JUST TRY  TO RECONCILE THE MATTER AND APPLY IN FC AS ADVISED BY EXPERT.

IF POSSIBLE TRY TO INITIATE DIALOGUE WITH YOUR HUSBAND. YOU NEED SOMEONE TO TALK TO HIM ON HIS BEHALF. I THINK IF YOU DO NOT WANT DIVORCE THEN AS SUGGESTED BY ADV CHANDU GO FOR COUNSELING/RECONCILATION IN COURT. HOWEVER YOU CAN ALSO TALK OUT THINGS WITH YOUR HUSBAND BY TAKING YOUR DV CASE BACK COZ IT APPEARS THAT SINCE HE FILED FOR DIVORCE YOU FILED DV AGAINST HIM. ALSO TRY AND FILE RCR SO THAT IT WILL GIVE THE COURT A VIEW THAT YOU WANT TO SAVE MARRIAGE. AGAIN BE CAREFUL COZ IF YOU BLAME IT ON HIM IN RCR THEN AGAIN THINGS WILL TURN WORST AS U HAVE ALREADY IMPOSED DV ON HIM.

THERE IS NOTHING MUCH IN YOUR HANDS AS JUDGES HAVE CHANGED. IF YOU REALLY DO NOT WANT DIVORCE. ASK FC FOR RECONCILATION AND PUT YOU DV CASE ON STAY. IT WILL WORK AS ITS WORKED FOR A COMPLICATED CASE. BUT YOU NEED TO SHOW SOME INITIATION ELSE SITUATION CAN GO FROM BAD TO WORSE TO WORST. FOR THIS YOU NEED DAILOGUE AND A PERSON WHO CAN TALK TO YOUR HUSBAND A KIND OF MEDIATOR. THINK OF A COMMON FRIEND OF YOU BOTH AND RESORT HIS/HER HELP. IT WILL HELP IF THE MEDIATOR IS A WOMEN (AS QUOTED BY TAJOBINDIA SIR A WOMEN CAN AMKE A MAN MELT).

JUST PUT FORTH YOUR OTRIGHT VIEWS TO HIM SAYING YOU DONT WANT DIVORCE. I HOPE YOU HAVE NOT IMPLICATED FALSE  ALLEGATIONS IN DV AS THE LAWYERS TRY TO EXPLOIT THE SITUATION BY ASKING PARTIES AND GIRLS FAMILY TO IMPLICATE FALSE CASES IN HUSBANDS MAKING THERE LIFE MISERABLE THAT THEY DONT THINK OF RECONCILATION AND MAKE THEM FELL THAT DIVORCE IS THE ONLY RESORT. WHY FUEL THE FIRE WHEN IT CAN BE EXTINGUISHED.

I GUESS YOUR HUSBAND IS A NRI SINCE YOU MENTIONED HE HAS FLOWN OUTSIDE. THIS MEANS THAT EITHER HE HAS STUDIED ABROAD OR HAS BEEN EMPLOYED THERE. SURE HES GOT TO HAVE SOME INTELLIGENCE AND MATURITYA SHES SUSTAINED ABROAD. MAYBE U VE BEEN POKED TO FILE DV. BUT IF THINGS ARE LIMITED TO THAT THEN STAY DV ASK FC FOR RECONCILATION AND IN MY OPINION WTH HELP OF COMMON FRIEND CONVINCE HIM, ITS NOT EASY BUT DEFO NOT IMPOSSIBLE.

OF COURSE IF YOU WANT TO SAVE MARRIAGE THEN YOU CAN RESORT TO THIS. HOWEVER IF YOU WANT PLANNED TORTURE AS SUGGESTED BY ONLYTRUTH THEN SORRY FOR RENDERING MY OPINION AS IT WONT BE OF ANY USE.  I CAN SEE THAT WOMEN DONT THINK OF FUTURE AND THEY JUST KEEP FILING ALL SORTS OF WRONG WEAPONS VIZ DV,CRPC 125, 498A ETC IN OUT OF HOSH WITH LOT OF JOSH FUELLED BY THEIR LAWYERS AND FAMILYS WRONG GUIDANCE AND THEY LAND UP IN LEGAL BATTLE WITH AN END TO REALTIONSHIP AND HOLY INSTITUTION OF MARRIAGE.. THEY MAKE THEIR HUSBAND THEIR BIGGEST ENEMY WITH WHOM THEY TIE KNOT AT TIME OF MARRIAGE TO BE ALIFE PARTNER AND BEHAVE IN A WAY TO SORT WELFARE OF HIM AND HIS FAMILY SINCE SHE ENTER THIER FAMILY AFTER MARRIAGE.  I WISH I WOULD BE OF SOME HELP TO YOU BUT YOU NEED A COMMAN FRIEND TO HANDLE THINGS FOR YOU. BEST OF LUCK IN WHAT YOU PLAN.

IF INTENTIONS ARE GENUINELY TO SAVE MARRIAGE I AM SURE THE EXPERTS OVER HERE WOULD TRY AND HELP YOU OUT.

HOWEVER IF YOOUR INTENTIONS ARE DESTRUCTION THEN MY ADV ICE WILL BE DONT THINK AND DO EVIL AS IT WOULD COME AND BOOMRANG AT SOME POINT OF TIME IN LIFE IF YOU HARRASS ANYONE.

JUST FEEL THAT IF THE SAME CASE WOULD HAVE HAPPENED IN YOUR FAMILY LETS SAY YOUR BROTHER AND YOUR FAMILY WOULD HAVE BEEN SUBJECTED TO 125 CRPC, DV, 498A ETC WHAT WOULD HAVE YOU DONE. THINK IF YOU WERE IN JAIL COZ OF UR BHABHI PUTING FALSE 498A WHAT WOULD YOU THINK OF HER. I WISH WOMENS THINK SENSIBLY BE4 TAKING ANY STEP.

ITS JUST MY THOUGHTS. MANY WOMENS MAY DISAGREE THOUGH EVEN THOUGH I HAVE THESE THOUGHTS BEING A WOMEN.

I HAVE SEEN THIS VERY CLOSELY AND HENCE AM RENDERING MY THOUGHTS. I THINK STILL THINGS ARE NOT BAD AND YOU STILL HAVE CHANCE TO SAVE MARRIAGE AS I HAVE SEENA CASE MUCH WORSE THAN YOU.

SO JST CONCENTRATE ON SAVING MARRIAGE AS SUGGESTED BY EXPERTS. PUT YOUR POST IN EXPERT FORUM AND SEE WHAT EXPERTS HAVE TO SAY. I BEIEVE IN EXPERTS IN THIS FORUM AS THEY HAVE HELPED ME IN SORTING OUT A MUCH COMPLICATED CASE AND YOU ISSUES ARE NOT COMPLICATED PRIMA FACIE.

REGARDS