I got married in Nov 2015. My husband flew to Dubai within 15 days of our marriage. Since then he did not come back nor he called me there. I was residing with his family in India. I was a victim of domestic violence (physical and emotional). Though I tried to kept myself quite for sometime but the In-laws torture was increasing day-by-day. My husband gave an excuse that he lost the job in the second month of our marriage and cannot arrange my travel. Due to lot of stress I became a patient of depression and was hospitalized for treatment. My treatment was funded by my widow mother and brother. My inlaws compelled me to leave the matrimonial house and since fifth month of my marriage I'm residing with my mother, brother and bhabhi. My husband and his family disconnected all communication from me. I contacted Marriage consulate of Indian embassy - Dubai but there also my husband lied that "everything has been sortout between us". Finally, I made an appeal in women cell, where I got to know that a) my husband is employed there and he refused to join the mediation and b) he is looking for another bride on matrimonial sites with "Never Married" status. My inlaws kept all my belongings and blamed that I ran away from their house. Thus, FIR under section 498A/406/34 was filed in Dec 2016. Within the 10 days of FIR filing, I received the divorce petition under section 13(i-a) duly signed by my husband in India. All false allegations were made. Can anybody please suggest: - How I can proceed further in my FIR as there is no single action has been taken? - I started working in India and working in middle management-earning a decent salary. Can I claim for monthly maintenance from my husband? - Is there in middle way to complete this process as I'm not in favor of asking alimony but I want my wedding expenses to be paid off, return my belongings and mutually divorce? - How long this process takes to complete?
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1)if FIR is filed police will issue notice to husband and in laws to record their statement
2)conduct investigations and file charge sheet
3) if there is substantial difference in your income you can seek maintenance from husband
4)if your husband has filed divorce proceedings contest the divorce proceedings
5) at any stage contested divorce petition can be converted into divorce by mutual consent if husband agrees to return your streedhan , pay marriage expenses
1. If police is not taking any action on it then you can file writ petition agaisnt police inaction.
2.Though an earning wife is not entitled to maintenance, if there is huge disparity between respective incomes then you can seek maintenance.
3. You can make an out of court settlement, take a lump sum of money and then give mutual divorce.
4. The contested divorce suit and 498A cases both takes more than 5-6 years to complete.
1. Since your husband is residing in Dubai there is delay in investigation and a possible arrest, but the police can obtain a non-bailable warrant against him which can be executed through the UAE Embassy in India.
2. You have the right to engage your lawyer and file a criminal complaint directly in the court whereupon the court can take cognizance and issue the coercive process against him.
3. You can surely claim maintenance from him, but it will be difficult to execute the order of maintenance against him if he is not in India.
4. The process in India takes time.
Dear Concerned,
a) As 498 A has already been filed follow up with the status of action taken by the I.O in the matter, if nothing has been done write a complaint to the SSP/DSP concerned.
b) Go ahead and file a complaint under domestic violence act against the family of your husband and your husband.
c) You would need to file a written statement in the divorce petition challenging all the allegations made on you and also pray for the relief under the same. you may also choose to file an application under HM 24 in the same case filed by your husband. You may also file a transfer petition in the Supreme Court if the divorce filed by your husband is filed outside your state/place where you are living.
d) You can still file for maintenance under Cr.P.C 125 if there is a huge gap in your earning and your husband's earning.
e) Yes, you may choose to speak with your husband and file for mutual divorce after settlement of finances and terms of separation.
f) Depending on the method of separation you choose, the time may vary from minimum of 6 months to 2-3 years.
Best of Luck... Stay Blessed.
Thank you everyone. All I can capture here is that I need to: 1) Contest the divorce petition 2) File Domestic Violence case 3) Get a lawyer involved for filing maintenance Just to mention here, I have contacted court to issue orders to police to initiate the investigation. Its been 3 months from FIR filing and IO is not cooperating. I wrote to SHO/ACP/DCP but nothing happened. Thus, I had to knock the court for this case. Regarding maintenance, since my husband resides in Dubai. How much his cost of living will be calculated during filing? Divorce Petition is signed in the same state where we got married and currently residing i.e. Delhi (Tis Hazari). This petition was signed exactly after 1yr of our marriage date. The women cell complaint was initiated in Sept 2016 and mid Nov 2016 was the deadline given to my husband to join the mediation by the CAW cell-ACP via email. My husband reverted to women cell ACP stating "he cannot travel due to his job" via email. And, just after 10 days this petition was signed. Is it possible that he would have traveled in between? Also, why families are afraid of returning bride's belongings when there is nothing much to ask?
1)husband family is not returning your belonings as they are using it as bargaining chip for settlment so that you agree for mutual consent divorce
2) you can make application under section 91 cr pc in maintenance case calling upon husband to produce his bank statement for last 3 years , his appointment letter .
3) court would consider his net income after taxes to determine maintenance payable to you
Is there in middle way to complete this process as I'm not in favor of asking alimony but I want my wedding expenses to be paid off, return my belongings and mutually divorce?
- How long this process takes to complete?
Since you are employed and earning a decent salary, you may not be eligible for maintenance amount from him, however in domestic violence case you can claim compensation for the amount spent and the tortures he made and also return of your articles.
If he agrees for mutual consent divorce, you can file a fresh petition or convert the previous one to mutual consent divorce.
The process will take hardly six months.
Regarding maintenance, since my husband resides in Dubai. How much his cost of living will be calculated during filing?
You should not be worried about his cost of living, but you must concentrate on your claim and the issues you rely upon.
Also, why families are afraid of returning bride's belongings when there is nothing much to ask?
You have been meted out with lot of tortures though the reason may be anything, however you have to fight out the menace and get justice otherwise such culprits will continue to defraud many more innocent victims like you.