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Abha Anand (not working)     30 April 2012

Want divorce from my husband and want custody of kids

i got married in feb 2004. my inlaws said they were having a reputed business which was not to be. my entire jewellery has been sold. i am living with my parents for the last three and half years with no support from inlaws. my two kids are with me aged 7 and 5. tried the matter in the women cell but that ended in a sham. i don't know where my husband works now. he is a defaulter of all major banks. i keep getting threating calls from collection agents. Please guide me.

Abha



Learning

 6 Replies

Adv. Chandrasekhar (Advocate)     30 April 2012

1.  Write to the banks saying that you are living separately from your husband and you do not have liability to pay his loans.  Ask them not to pursue the matter through recovery agencies or do not send any threatening calls to you.

2.  If you receive threatening calls, note down their numbers as well as record the conversation and contact the special cells (in metros such cells are set up) dealing with this recovery agencies.  Otherwise file a police complaint.

3.  If you want to recover your stridhan and get maintenance file DV case against the husband for the same.  If you are interestested, you will get residential rights also in DV case.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     30 April 2012

Dear Ms.Anand,

 

1. Your husband may be a monk/a defualter or a fraud, he is still mandated by law to maintain you and the children. If he fails to do so, he'll get behind the bars.

2. You can stay in his property or his parents (if that was your matrimonial home) by getting a residence order.

3. If the family has ancestral property - the Children have a birth right in the property. 

 

Feel free to talk!


(Guest)

since marriage is one sided burden for indian husbands, you can pour more salts in your husband's wounds. god bless you to get salt mixed with chilli powder.

Anjuru Chandra Sekhar (Advocate )     30 April 2012

File Divorce petition in Family court under Section 13 (1) (ib) which is on the ground of desertion for a period not less than 2 years.  As you do not know his whereabouts the summons served to his address will be returned and you will get exparte order in your favor from court.   Pray for child custody under Section 26 in the same petition on the ground that the husband had deserted children too and had not taken care of them for over 3 and half years.

 

13. Divorce
 

    (1) Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party-

        (ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition;

Ranee....... (NA)     15 May 2012

your husbAND is in financial crisis.may be he need you.if you are educated why not do some job and help him financially.if he is bankrupt then where from he will give you maintenance?


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