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prabasuba (engineer)     23 October 2014

Husband dessertion

Hi

 Myself married to a abroad working indian who does not hold family status there.

He compromised I could get job there easily and he put forth second thought that he could grab a job in india if i was not able to get job over there .But now a total diaster.Married  for a year now,have been with him for only 4months.The main objective of the problem is "I am questioning them".They dont want to be questioned ever or to give a opinion.Some events that led to be  questioned!!

1) while relating with opposite s*x and father in law

2) while he told everyone that i roamed in abroad without his knowledge

3) In law hurting herself saying thats for my sake

4) uttering what i did not say and do

5) When told I have not taken care of my husband  and that I have beat him

6) after 4months being with him he told me to move to india and grab a job anywhere,when did so.he told to my in-laws and other i left him without his knowledge.I left my job and returned.

7) Always threating with D word  

 

They have clearly told

My husband told i would be in my birth place ever

My inlaw told I could cry the entire life withouy his son

 

They want to stay inlaws place ( thats remote area) for which they are saying my husband could come india only after earing enuf(nearly 4years it seems).When questioned,

 

but now In-laws not permitting to stay in their place without their son and they would not allow to be with my husband in visit visa also,they have to accompany always .husband is not communicating by any means and then in- laws also.My husband continue to work there,he has put my number in voice mail else leaves a full ring when i call.And they have spread rumor that im avoiding him.When i told him i ud come to ur place(abroad) for talking regarding this he is threating he ud log complain there on me.he is not returning india and if he returns I am not able to catch him.What should i do???? how to proceed plz..



Learning

 2 Replies


(Guest)

It appears that your husband has found some other setup, there appears to be another woman in the game, not the mother-in-law, but an outside woman whom your husband is interested in.  


All this looks fine until it goes in print, on paper in a court of Law.


You have tried to talk to your husband and he is not available.


Its time to involve your elders in asking whats the intent behind this kind of behaviour.  A meeting of elders of both families is very essential  at this point.  Wherein you both sit and discuss in the presence of your husband regarding the issue at hand.  The boy's side need not be threatened of dire consequences [filing false cases like 498a, DV or lodging missing complaint].  Remember at all times this is a very delicate issue.  Jumping the gun and doing something like filing cases or complaint in police station will surely seal the fate of your marriage.


But certainly there is something more to than what meets the eye.  So try to find out why your husband is totally avoiding you, ah, that includes your parent-in-laws.

1 Like

Adv. Chandrasekhar (Advocate)     23 October 2014

As you are living in India and he is living abroad, very a few legal options are left for you.  It is clearly a domestic violence case, in which your husband and Mother-in-law involved and hence, you are eligible to file domestic violence case against him for residential rights, maintenance (if you are not presently working) and compensation.  You can get residential rights in your in-laws' house as your husband is abroad.  Alternatively, if your in-laws object for your petition seeking residential rights on the ground that their place was never a matrimonial home and you are trying to trespass, then the court would ask your husband to provide rental accommodation.  But all the monetary benifit orders, at present, become unenforceable for the reason that is staying abroad and he does not have any movable and immovable property here in India.  But as he has not got permanent resident status there, he has to come back, and once he comes back you can execute them against his person and in the event of his failure to comply those monetary orders, he will be put behind the bars.  On the other hand, if you want to get rid of this relationship altogether, you  can file divorce case under the ground of cruelty, as the marriage was solemnized a year back, and if he does not turn up in this case, you will get ex-parte divorce decree.  Before concluding this, I say there are certainly problems to serve court notices and execute the decrees in the cases where one spouse is living abroad.

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