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rani jain (others)     21 October 2014

One time DV compensation & interim maintainance

Mine in NRI desertion case. He has deserted me here with no money. I ambeing forced to come back to india. He is in full plans of absconding. I have few queries: 1.The moment i come- I will file 498a,dv & 420-fraud marriage & maintainance cases on him & his family. 2.As he is absconding can i claim maintainance from his parents.They are supporting him but v smart & will say they have cut off all relations with him. 3.i got married in jan 2014- I do have marriage certificate-hindu marriage act, his pay slips & proof of his violence- photos,police report & medical in belgim. Also his mom beaten me once in feb-2014 & threw me out of house. Apart from that i have his mails & messages threatening me for divorce on no grounds. 4.How much i can claim- one time maintainance for dv- as its a pure marriage fraud case & also interim-monthly amount & house allowance & how many months it will take. 5.He will abscond back abroad-I do have his employer address-How summons will be served to him. Whats the procedure. 6.Till now no party has applied for divorce also i dont want one. I have tried all possible ways to save marriage-beared his violence,mental torture but he just want to separate. He has done the same in his previous marriage. But this is my first marriage. Will this point serve as an advantage to me. Please guide...


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 2 Replies


(Guest)

If he has already planned to abscond, you will be left pondering what to do.  If you have decided to file 498a, DV etc, your marriage is over.  Think before filing such cases.  Law will take lot of time to decide upon such cases.  Moresoever arrest is not possible in 498a now.  So  your plans of getting them behind bars as of now are futile. One time settlement happens out of court, court wont intervene in deriving at a figure for one time payment, it depends on your greed and his willingness/capacity to pay money to you.  But as you are describing that he has or is absconding, nothing much can be done than issuing NBW against him.  You can do something if you have some address, the last found address will be of no use, police will keep enquiring about him at his last seen address, and one fine day he will be declared socially dead.  After that on the basis that he is not be seen and found at all, you can utmost get exparte divorce.  So plan accordingly.  If you have his employers address, you can give application asking court to send summons to his employer, asking call of records regarding his employment status. Try approaching consulate/embassy with your problem.  They will surely try to find your husband if properly pursued.

Sudhir Kumar, Advocate (Advocate)     30 October 2014

not clear reading to understand in one go


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