• Husband deserted and left for USA

My husband is not with me and our son since 2013. Not ready to take our responsibility ... I have no job. I have no idea when he comes to india and when he goes back to USA. Can i file a mental harassment case against him in police... He does not revery on my notices his family do not accept any court notice.....He has abused me physically till the time we were together. Is there any law that his passport can be revoked ......
Asked 2 years ago in Family Law
Religion: Hindu

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16 Answers

1. there is no need to run after him to know his whereabouts or begging money from him.

2. Go and file a case for maintenance under PWDV Act wherein you can apart form claiming maintenance for you and the child can seek damages, compensation and deference order as well.

3. if you think that the marriage is broken irretrievably then file a case under 498A IPC in which you can seek restriction son his foreign travel.

4. The passport authority at its discretion can impound his passport if he does not submit himself to the jurisdiction of the court once you file those case as advised above.

Devajyoti Barman
Advocate, Kolkata
21671 Answers
311 Consultations

5.0 on 5.0

File a complaint of 498a and domestic violence along with an application of maintenance under 125 Crpc for yourself and son.

The indian courts are competent to entertain petition and issue summons through embassy and mistry of external affairs if he fails to answer summons the passport can be compounded.

Rajiv Dayal v. Union of India & Ors. is another judgment which shows that the wife also has an available remedy under Section 10 of the Passport Act of impounding and/or revocation of the passport of her NRI husband if he failed to respond to the summons by the Indian courts.

Section 10 (3)( e ) of passport act for revocation and compounding by passport authority.

e) if proceedings in respect of an offence alleged to have been committed by the holder of the passport or travel document are pending before a criminal court in India;

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
111 Consultations

5.0 on 5.0

Hi, it is advisable to file a maintanance application under 125 Crpc for monthly maintanace from your husband .. As per law you can ask for 1/3 of your salary as maintanace from your husband .. Further you can also initiate criminal legal proceedings of domestic violence and dowery demand under 498A agianst your husband and In laws

Hemant Chaudhary
Advocate, Gurgaon
4595 Answers
41 Consultations

4.9 on 5.0

Hi, yes you can file DV case and register FIR under 498 A .. You can contact me to assist you with the case ..thank you

Hemant Chaudhary
Advocate, Gurgaon
4595 Answers
41 Consultations

4.9 on 5.0

You can approach state commission for woman and also file for restitution of conjugal rights and get it served through embassy of that country.

If you have filed maintenance under 125 crpc get warrant issues against him and get his passport impounded. If you have filed 498a and if he has violated terms of bail get bail cancelled by approaching court through prosecution and warrant will be issued against him.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

If your maintenance case is not moving please file immediately a mandamus writ petition in the Haryana High Court for the direction to get immediate response.

Vimlesh Prasad Mishra
Advocate, Lucknow
6786 Answers
23 Consultations

4.9 on 5.0

Yes you can file a.dv and 498a case any time.it is continuing offence and can be filed.

File a complaint with police the police shall register a fir after some.mediation but press.for.FIR as your husband will not come now according to supreme court guidelines there shall be a family.review committee since In that also your husband.is not available press for charges give committee evidence to effect once.matter is in court shall order for arrest and he has to take bail.court shall issue summons if not.replied file with passport authority for.cancellation and compounding of the passport.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
111 Consultations

5.0 on 5.0

file fir divorce on grounds of desertion and mental cruelty

seek alimony from husband

3) you can also file DV case seek maintenance , alternative accommodation , compensation from husband

Ajay Sethi
Advocate, Mumbai
79207 Answers
4742 Consultations

5.0 on 5.0

you can file DV / 498A case against husband

2) you can also file for divorce as mentioned herein above

Ajay Sethi
Advocate, Mumbai
79207 Answers
4742 Consultations

5.0 on 5.0

Yes, you can file both DV case and case under 498A even now.

Devajyoti Barman
Advocate, Kolkata
21671 Answers
311 Consultations

5.0 on 5.0

Hi,

You may approach ministry of external affairs for service of summons/notices to him.

Ganesh Singh
Advocate, New Delhi
6512 Answers
13 Consultations

4.5 on 5.0

U can file divorce case wid maintenance....der r many other ways to summon them if dey r not accepting....498a complaint will be depends upon d facts n circumstances of ur life.

Satsheel Sheokand
Advocate, Gurgaon
20 Answers
1 Consultation

4.1 on 5.0

For filing of a case under section 498A or Domestic violence has no time limit ,But better to file the case as early as possible.if the spouses are living separately for long time and a delay was occurred ,then properly explain the delay. Yes court can impose condition on usage of said passport under 498a.

Prateek Aggarwal
Advocate, GURGAON
7 Answers

4.0 on 5.0

In the said circumstances, in order to put pressure on him, you may lodge a criminal complaint against his parents and him for dowry harassment and other cruelties including criminal intimidation.

Once a FIR is registered he would certainly make some move to come down for a compromise or at least would agree to take care of your financial needs.

Besides the police complaint, you may file a DV case seeking the reliefs of protection, residential rights, interim maintenance, return of your streedhan articles and compensation,

In this also you can implead his parents and close relatives.

You can also file a petition under section 125 cr.p.c seeking maintenance

Consult a lawyer in the local and proceed as per the suggestions received on all such further issues.

T Kalaiselvan
Advocate, Vellore
69242 Answers
929 Consultations

5.0 on 5.0

Hi I have filed the mentainance case can i now file the dv case and 498a ... Plz tell ... We were married in the year 2003. Plz suggest what I can do now

Yes you can lodge criminal complaint under section 498a and also DV case even at this stage.

The police cannot refuse to accept the complaint since it is a continuous offence.

T Kalaiselvan
Advocate, Vellore
69242 Answers
929 Consultations

5.0 on 5.0

You can file harrassment case, divorce case, maintenance, domestic voilence etc. You can proceed even his family don't accept summons.

Prashant Nayak
Advocate, Mumbai
22382 Answers
49 Consultations

4.4 on 5.0

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