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munni (house wife)     07 August 2019

Need urgent advice - husband left wife and not obeyed court

Dear All,

This is the case of one my causin relative and she has neglected by her husband. Then he purposefully through to my sister and got married another lady. For new wife he has two kids as well. My sister filed case against her husband and lower court has passed for 2000 rupee per month as interim maintenance in the year 2015.. At later stage he never paied a single rupee and for that court has sent him for one month two times for detension and after that also he never paid a single rupee.. After she got harrsed by the law, now she is fightimg with poverty and husband enjoying with new family..

Huaband is just farmer and about 6 acres of parental property...

Now 3 years already crossed and case is in dermant stage and I want to assist her to get justice.. My query that,

- Can she file case in hogher court after 3 years of diference?

- Can she entitled for any parental property from husband side?

Please suggest so that I can at least assist to my sister to get at least some maintenance...



Learning

 7 Replies

G.L.N. Prasad (Retired employee.)     08 August 2019

Contact District Legal Services authority through a voluntary women's organisation or Women's welfare dept.,  The problem is too complicated and you can not show her any way with your limited knowledge or through guidance in forums.

Shashi Dhara   08 August 2019

Take attachment on his farm land and order from court to sale it for maintenance amount.

munni (house wife)     09 August 2019

Dear Prasad Sir, Many thanks for your valuable aadvice.. Just to check that any direction by District Legal Services authority through a voluntary women's organisation or Women's welfare dept. is valid or just to get suggestion?

Is there any way to get any maintenance for my case?

Dear Sashi Sir, We will try to get copy of the proof of hos farm land, but seems to be the property now in his father's name and he is only one son...So will be it be valid for this case?


 

G.L.N. Prasad (Retired employee.)     09 August 2019

Every year they handle thousands of this cases, and they are aware of the tactics followed by husbands, and they know how to make arm twisting husbands fall in line through their group power, and when they step in, they handle the case in a professional way giving more benefits than expected.  They have the manpower (women), funds, power and support from Government, well supported team of Police and Legal consultants.

 

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     10 August 2019

Law says that within one year you can file execution petition.  For the current year, from Sept. 2018 till August, 2019, you file execution petition.  If he has property, it can be attached and she will get her money.  If he does not have any immovable and movable property, then you can ask the court to send him jail.  Maximum one month jail will be imposed.  But once he is released, you can again file fresh execution for the same amount and send him to jail for one more month.  This is a continuous process.  Again for accruing amount, for every three months, you can file execution petition.  You can approach District Legal Services Authority and they provide you Legal Aid Counsel free of cost.  Youl need not to pay even a single paisa for drafting, sending notices and advocates fee.

1 Like

munni (house wife)     11 August 2019

Dear Samarpan Sir,

Many thanks for your kind suggestion..Now we get some idea to move ahead..

Just to reply to your point, "Law says that within one year you can file execution petition.  For the current year, from Sept. 2018 till August, 2019, you file execution petition."

Actually in the year 2015, for not paying the maintenance he has gone to jail for one month, two time and he stricktly told in court that at any cost he dont want to pay money to my causine relative...after that she is silent and not move to any court..Now I want to assist her to get at least some maintenance..

we hope 3 year gap should not effect on our court movenet??

 

Please suggest us..Many thanks in advance..

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     12 August 2019

First you file execution petition fromSept. 2018 to August, 2019 and send him jail.  Once he comes back from jail after spending one month, for the same amount again you file execution and from September 2019 onwards for every three months you file continuously execution petitions to break his adamancy.  Once he comes to know that you will not be leaving him like that, he will pay lumpsum amount and request you to close the cases.


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