File petition for RCR under section 9 of HMA
2) if husband does not contest you would get exparte decree
3) you can in said petition seek maintenance from husband
My husband is absconding and saying he needs time to think about marriage
I am a Ph.D student. We had a love marriage after knowing each other for 9 years. After 2 years of marriage, my mother-in-law insisted that I go to my parents home to complete my phd. After one month, my husband called to say that he has shifted our stuff to another place and that we will live separetely. Without my knowledge he shifted all my things except my jewellery to a dingy small room without any window or ventillation. I stayed there for one week and we had a fight after which he left and did not return and his family also went missing the same day. I filed a missing complaint in his name and he returned after one week to polices station. I was out of town at that time. When I came back he told me that he need time to think about us and right now cannot live with me. I gave him 2 weeks to think and when he did not reciprocate I filed a complaint in women cell. He did not take any call from police. Now police has sent a notice to his home and his parents have debarred him from his property and said he doesn't live there anymore. What should I do? I don't want to end the relation. He is saying he doesn't know if he wants to continue the marriage. I don't want my Ph.D to suffer as well. Also, he has never spent a single penny on me. Before I went to my parents home, we went to Europe for my conference and mostly I paid for the trip. My scholarship has ended in september last year. SHould I wait for him to take any action if at all he takes (that too not sure)? I have no idea where he is residing now or what he wants. Is there any law wherein court can force him to take me back till divorce is granted or atleast visit for reconcilation in women cell?
Asked 5 years ago in Family Law
Religion: Hindu
16 Answers
See going ahead with the police complaint that is registering FIR can further effect your relationship , if you want to save the marriage then in that circumstance you can file a Restitution of Conjugal rights petition before the family court and further can seek mediation. Further for that address of the husband needs to be traced. Also opt for mediation try taking to him, seek help of counsellor. If nothing works then file a FIR, seek maintenance and let him file for divorce.
First of all if your scholarship is closed then you can file a maintenance petition in the code to get the maintenance from your husband and the house is your matrimonial house so you have to approach to the police station to go back to your matrimonial House along with complaint under Section 498 a IPC against all the members of your matrimonial house let your husband come back and answers all the question in court along with the parents
File a case for Restitution of Conjugal Rights against your husband and if
your husband doesn't join you inspite of there being a favourable order on your side, you can file for contested divorce based on his refusal to join you, which is a very good ground for obtaining divorce from him.
You can't be removed from your matrimonial house. If he files for divorce you can file for restitution of congual rights if you want to stay with him.
You can File petition under section 9 restitution of conjugal rights. Incase if ur husbsnd not contested rcr then court may be grant exparte decree.
you can ask share in the property of your father in law in the domestic violence , you can ask for the share by filing petition in that case.
you can get residential order from the court to live in that house separately. you file petition immediately for residential order and court will consider the petition and grant order in favor of you.
Ma'am,
I would suggest you to file a Restitution of conjugal rights petition, as this will enable you to stay with your husband if he doesn't give any reasonable grounds to stay away and withdraw from responsibilities.
As you want to save your marriage, I would suggest you to file this petition and stating that you are willing to stay with him where ever he Is residing.
can i stay at his parent's house even if he is debarred from the property? and what are the repercussions if he does not attend meetings at CAW cell?
Asked 5 years ago
You have no rights to stay in house standing in name of your in laws
you can seek alternative accomodation from tour husband by filing case under DV act
1. You are legally entitled to matrimonial home and it is the duty of your husband and your in laws to provide you marital home. If they can't provide you accommodation to stay with them, alternatively accommodation like rented accommodation has to be provided.
2. If he doesn't attend for a settlement in CAW cell, without any strong reason, then the Police will act to bring him to the CAW cell.
If the parents house was matermonial home then in that case you can stay there if they do not allow can seek court order. Further if fails to appear in CAW cell FIR can be registered.
There is no such law that says you can or cannot stay in in-laws house after your marriage and your husband is away. This is an ideal situation when there is no legal suite files in court.
Since you have given a complaint to the CAW cell you can take the cops to his house and give a warning or instructions to his parents to disclose his whereabouts or to visit the police station and give a statement in this regard.
His intention is very clear that he do not want to continue the relationship with you anymore hence you cannot force him to live with you.
But as a retaliation you can give a complaint against him and his parents for dowry harassment and also DV case.
He will rush to the police station if he is coming to know that his parents are impleaded in the complaint.
You may file a RCR petition also stating that you want to continue to live with him.
You can also claim residence and protection through DV case and also file a maintenance case if you are not able to sustain your expenses.
Since that is your matrimonial home as he has not provided any separate residence for you to live you can very well reside in his parents house. The parents declaring him that he is debarred from property is not legally valid until they get an order of injunction against you both to enter into that house.
it seems that he doesn't want to live with you anymore. Therefore try mediation and see if you can find out the real reason for the estrangement. Also an application for maintenance should be filed in case you are unemployed. You cannot live in the in laws house if it belongs to them. file an applicationin the women's cell so that the police may bring him in case he is reluctant to attend meetings.
Regards
Regards
Yes you can stay. If he doesn't attend it will go against him.
Firstly, if he doesn't attend CAW cell meetings, the police would lodge FIR and frame charges as per your case. Which is a benefit for you.
Regarding if you can stay at his parents house: - Yes, you can, however if he provides for a separate house for both of you and want to live separately, he can do so. and maybe you will be happy in that too.
Any new developments?