I got married in 2013 and having 3years old kid. My husband hide all the details like education salary family status (mother in-law got separated from her husband and father in law is living with second wife).They cheated me and married.both mother in-law and sister in law has influence over my husband they always tell my husband to divorce me. In 2016 he went to aboard one of his friend started IT company and joined there so I came to my mother's home. He started avoiding me. Last year I committed to suicide when I came to know his affair with another girl my in_laws also supported him .No one came to see me when I am in hospital. But no case was filed as my parents and myself don't want divorce. And i went to abroad this February I came to know that he had habit of going to prostitutes.whenever I questioned about his acts he doesn't even give response it is like I am talking to a wall and if I started shouting he emotionally blackmails me by hurting himself I got frustrated and went to depression for his acts. We are living together from last 3 months but he is avoiding me in all the ways.last month we came to India he said that he resigned to his job and leave me in my mother's home saying that he will come in next week and take me but after a week his phone got switched off he went to aboard with out telling me taking my and babys passport. I don't know what to do now. My mother in-law asked me to give divorce. I don't want to give divorce .i know if I give him divorce with in a month he will get marry. He is a big lier cheater at least he don't want to give money for kid maintenance.he don't have any property. My husband and in-laws are saying that I am mentally harrasing him and they are creating me like a sadist my husband has some of my voice recordings abusing him. Please suggest me.
1) file application under section 125 cr pc and seek maintenance for your self and child
2) file police complaint against your husband under section 406 of IPC for criminal breach of trust as he has forcibly taken your and baby passport and refuses to retrun it
3) file DV case and seek alternative accommodation , maintenance, compensation for mental torture from husband
Hello,
You can go ahead and file an FIR with regards to this if you are being subjected to cruelty etc; otherwise as per the facts described by you in this question Divorce seems to be the best option for you. Rest please see if the matter can be solved by having a meeting among the elderly members of the family.
Regards
Please immediately consult a family lawyer of your area , file a DV case for having tortured you and leaving you without any address or contact details . Ask for maintenance from him .
2. Simultaneity , lodge a missing complaint against your husband in the local police station as his wife , and in case you are aware which country he has gone to then send a copy of missing complaint to the concerned embassy/ consulate so that once he returns to India and needs visa stamping , it will be refused.
Thank you for your advice but if I file Fir it finally takes to divorce my parents don't want that because they are not ready to face the society. Can you please suggest me how can I get maintainance with out FIR. Because when ever I ask him about money he says that he is not getting salary from last 4years both me and my baby got financial support from my parents.
file application for maintenance under section 125 cr pc for your self and baby before the magistrate court
Hello,
See maam you will have to approach the court for claiming maintenance also and for claiming maintenance you will have to live separately from your husband.
Regards
Alternatively, file a petition for RCR( Restitution of conjugal Rights) under Hindu Marriage Act , as also maintenance case in the family court of your district.
2. However, before doing that involve elderly members of both sides to come to a negotiated settlement .
1. You do not want divorce from him.
2. He does not want to stay with you now and does not respond to your call. He has also taken away your and your child's passport to ensure that you can not go abroad to face him.
3. Things have come to a standstill as regards your matrimonial relationship is concerned for which you shall have to decide as to what do you want to do now if he continues to act the way he is acting.
4. You can report loss of passport and get another one afresh and with that you can go to him and start staying with him or face him properly.
5. If you want to terminate the matrimonial relationship with him and become free from him without bothering about what he will do with which girl after your divorce, then lodge a police complaint u/s498A & 406 of IPC alleging dowry harassment, cheating and refusing to return your Streedhan and also file an application praying for maintenance from him.
6. Your 498A complaint, if pursued properly, can bring your husband back to India to attend the Court since Warrant will be issued against him if he refuses to attend the Court hearing after receiving Summons from the Court.
1. For filing an application u/s125 of Cr.P.C., you won't have to file any police complaint or FIR.
2. Just file the maintenance application immediately and arrange to serve him the copy of the said application.
3. Supreme Court has opined that maintenance shall have to be paid to the eligible/deserving wife and children by the husband either by begging or borrowing.
Since you do not want divorce and also apparently do not wish to file FIR you may file a DV case under Section 12 of DV Act to seek maintenance from your husband for yourself and your children. It is his duty to support his wife and children financially.
You file a maintenance case against your husband under section 125 cr.p.c. seeking maintenance for both yourself and your child.
You can file a domestic violence case against your mother in law and sister in law including your husband seeking the relief of protection, residence, interim maintenance, and other reliefs as per the provisions of DV act.
You can also file a RCR petition against your husband.
but if I file Fir it finally takes to divorce my parents don't want that because they are not ready to face the society. Can you please suggest me how can I get maintainance with out FIR. Because when ever I ask him about money he says that he is not getting salary from last 4years both me and my baby got financial support from my parents.
Dont go to police for lodging complaint for dowry harassment.
You may file maintenance case under section 125 cr.p.c. and also through DV case before the concerned magistrate courts.