1.We filed for mutual divorce in December 2017. 2.He and his family agreed to pay alimony and for our 4 years child 3.after filing he kept giving excuses and never came on court given dates for hearing and never paid anything as in mutual conditions 4. After few months I came to know that he was cheating on me from a long time ..and started living with a girl already 5. I filed for a withdrawal of MCD on these grounds and filed a new DV and 498A case in Jaipur at my parents house. 6. We reached CAW cell at mahila thana a month ago. And he and his family were still adamant. Though they again asked SI to give them few months to arrange money. 7. Today police again called them but they denied on giving agreed amount and started shouting and behaving rudely. They only want to get away with very less amount now. And threatened to fight. 8. He is living a lavish life ever since. I have proofs of him staying with another woman. I have his bank statements transferring lakhs of lakhs in business.but he says he lying that he is not having money 9. He played emotional drama in front of SI and looks like police also is lean towards settling it to this on his conditions. 10. I feel helpless as everyone including lawyers..police .whole system is not able to punish him..and he is still so rude and abusive. When I asked police to arrest him as FIR is already filed and 41B notice sent to him, police said they can't arrest him. Please advice correct steps ..I want to punish him as he has destroyed my life and I have a kid as well. How can I get him behind bars now
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Lawyers are available now to answer your questions.
1) police have to carry our investigations and submit charge sheet
2)your husband would have to apply for bail
3) you can also make application under section 125 cr pc seek maintenance from husband
4) in DV case court would award your maintenance .
5) you can also seek alternative accommodation from husband
1. In 498A cases making arrest is very rare unless there is physical injury to the woman. So even f FIR is registered police is unlikely to arrest your husband and in laws.
2. This marriage is broken and hence there is no need to wreck further vengeance to him.
3 Settle the dispute and take the alimony if he agrees to a pay a reasonable amount.
4. Otherwise yo`u are entitled to 25% of his income for which you can file case for maintenance under PWDV Act.
Hello,
that is right that he can not be arrested.
I would advise you to also file a case of maintenance under section 125 of crpc.
file other cases also on him to create pressure.
Regards
Does it mean even after destroying my life...even after he has been cheating on me..even after he has threatened my family..he can get away so easily??? He still have the guts to shout in mahila thana at me??? He still have the courage to challenge me?? How??? As a woman ..I'm not working..I have a child..dependent parents..still law n order can't arest him?? I have no rights against such a criminal person?
No body is getting away from law.
If you prove the allegations he can be convicted.
He can not get away easily, but as per the order of the SC he can not be arrested till the time he is participating in investigation.
You have filed the complaint and the investigation is going on, if he is found guilty then he will be punished.
I understand that you are not working and therefore I advise you to file a maintenance case.
Regards
If he has obtained AB in 498a case then police cannot arrest him.
You can fight all the cases strongly.
You can file a maintenance case under section125 cr.p.c claiming huge amount towards monthly maintenance.
If you suspect the integrity of your lawyer then you can change the lawyer immediately.
Having extra marital affairs is not an offence.
Police cannot arrest him if he is enlarged on bail.
You can file a maintenance case under section 125 cr.p.c. claiming maintenance for both of you.
1) you can claim maintenance under section 24 of the Hindu Marriage Act from the husband even without divorce, if he is not making any payment. you can too file a complaint under the domestic violence act for payment of maintenance
2)Adult couple can live together without marriage. You can file divorce on the grounds of adultery.
A maintenance application should be filed u/s 125 along with a maintenance under the DV act. Also if the police is not doing anything and the fir is not being registered then file a complaint case against the husband and his family before a magistrate.
Regards
1) if you are able to prove allegations made in dowry harassment case husband would be convicted and sentenced to imprisonment
2) you are entitled to maintenance from husband
If you want to put him against bar kindly file your case in civil court under section 125 CrPC.
Under section 125 CrPC he has to pay maintenance and alimony to you and your child. Otherwise he can be put behind bars.
Dear Client,
Nothing as such, you are saying. This is usual process in sec 498a complains. There`s no need to attend any more counseling and don`t offer for settlement in lieu of money otherwise police itself will take matter lightly or may file closer report.
Let the investigation proceed and police will certainly arrest him, if charge sheet filed and matter will go for trial in court than he will the only suffering person and will himself bent for settlement. Give some time and can file application in court u/s 210 to summon progress report.
File maintenance suit.
punishing will take a long way only after the trial is concluded then it can be decided. presently you just concentrate on the alimony and maintenance. the case will take its own course to decide. court will surely award you alimony.
yes.. you have fullest right to put him behind bar. consult good local lawyer as Legal system gives more protection to Gilrs only.
If your marriage within 7 years, you have extra power.
