Divorce & alimony

Legally one option is left.

498a is not being used is a right thing to do as it is used for revenge purpose and not for justice.

DV, you have to prove that it occured. Though this pain for your husband, he will fight it with time delaying tactics and proof will be bought. Indian marital life is hardly consumption babsis, where few records exists of abuse(unless you have recording of abuse). Most of the time it will be heresy and this will drag. Morover proving guilty is not punishment.

Maintainance is your best case. You can plead your case and for all the judgement thats being passed where there is no money(against wife) cases are rare and judge does get influenced by facts. Put across cost of living, sacrifises and so on. Corrobarate same. Focus on getting this maintainance decree in your favour. Even if he doesn't pay . But you have to win. Matter of your earning and his earning potential is matter of intrepretation for the sum to be assured. But not for winning decree. If you're sensible ask for small amount and court presents it. Then slowly ask for increase in the money.

Contest Divorce. Keep reparting you need husband..blahblah..blah... Never let a court date go away. You can fight this in person...Deny everything said. Make up lovely married life you had... Say he is under spell....create scene..bWatch all comedy serials..Make judge laugh..and deny him the Divorce..If you win...Automatically you can reapply for maintainance.

Any other discussion is sharing human expereince. More drama and less results.

Find a part time job as you may need to fund all these... Going through lawyer bonafide may have its own repercussion.. Lawyer may join hands with your husband..

Justice is relative aspect. Not blind. But deaf.

My brothers should remember that it's a common forum for all with grievances. Knowingly or unknowingly we are becoming biased with the gender of queist. We may admit or not but we are grilling the queriest more, if it is found to be a woman :-).

Just check prima-facie whether there is any sympathetic points in a query or not. If you are satisfied then help him/her, if you didn't find such any point just absolve yourself from helping but don't intrude to dissuade others from helping the op.

Whatnot's last post is most apt to the situation. A seperate maintenance under Crpc 125 is enough (or) you can file maintenance under S24 HMA (Hindu Marriage Act) is also suffice. You will win any of them easily but the quantum of amount is important so gather your hubby's income proofs as much as you can and also at least one property on his name to attach it if in case he fails to follow court orders.

@Venu.. Yes.. i agree with you & Thx

@A walk alone.. Thanks for your complement and suggestions..

I am posting in Public Forum - Everyone knows the truth..

@whatnot.. Thanks & points noted..

@sai narayana.. Thanks for your suggestions..

Hi, Thanks all for your information and valuable suggestions.. 

I am an illeterate regarding law matters. Please bear with me and answer the below questions.

1. My court hearing is tomorrow (3rd mediation) and the case will go to court. My lawyer is not responding. What will happen if i don't attend ?
2. Please send me url where i could check my case details like next hearing,status,... 
3. I have decided to go with party-in-person and i understood that i need to update myself with the court procedures and sections.. Any good site ? @Sachin.. I have filled the form.. Do i need to just present it before the judge ? please let me know the detailed procedure.. 
4. As suggested by you all, i have decided to go with Section 24, HMA & Section 125, Cr PC. Meanwhile i will apply for interim maintenance..

Originally posted by : sai narayana
	Whatever the monetary claim you file, you should try to get a supportive documents like your child's school fee etc and your husband's ability to pay like his salary certificate or properties on name. Which enables the judge to grant the relief.

Expenses - I could provide my kids school fees receipts, medical expenses, ... 

Income - I don't have his PAN number even and i just know his bank name but collected few photos from FB as suggested by sai narayana..

1. Is there any way to get details if he has an account in any other banks ?
2. As Anil said, while filing Divorce my husband has to submit income proof.. If so, can i request a copy from the court ?
3. @Anil.. Downloaded RTI format form as you suggested.. Its addressing Public Information Officer and how is it helpful in this scenario ?
4. Finally, what are the chances of getting maintenance as i am working temporarily to sustain and have more debts trying to keep everything in track..
5. On what basis they grant interim maintenance ? How long will it take ?

Suggestions on how to make my case strong are welcome.. Any tips on how to drag the case ?  

Originally posted by : autohide4u
	False/true is not very relevant when starting criminal proceedings in matrimonial matter. Even if you put true allegations, court will believe them to be false. So it's better to start only with false. Anyway purpose of criminal case is not to win and send him to jail, it is just to put wrench in his life and make him run around for bail and to make him realize your value. You lawyer has advised you well to file 498a.

Auto hide you seem to fart aloud and it stinks " File false criminal cases " The author of the post is not interested in it .Give some sensible advise . When it comes to evidence stage these false allegations fall apart . She would get maintenance for the child as and when she files for maintenace . As for herself she being a able bodied educated person and has worked previously she can catch up with a job .  

If you are not working now you need not mention your past employment. If you are keen on presenting the facts then diplomatically say "Even I left my job for the sake of marital life, even after so much sacrifices there is no change in him".

What Anil said is in force in U.S.A. and limited to only very few courts in India, so most probably your husband may not have filed any income affidavit. Once you file any maintenance application, then he file his version.

Your obligation to get the bank details from bank on your own. None of us can help in getting your husband's PAN or whatever it may be. Take it as the first challenge in this endeavour.