Desertion and abandonment
I got married in 1999 & was managing with an abusive & absolutely self centered Egoistic person. It was an abusive relation that I lived in. Finally, in 2010 my husband abandoned me & my 2 daughters in Oman. At that time I was an inpatient for my severe back ache. During my hospitalization he left the two young kids 6 & 9 with my then on visit mother. He lied to them & left. After he left, I discovered that before leaving he spread false stories of me abusing him. Me & my daughters were socially humiliated & confronted on many occasions, about the same I informed him.but, no use.
I am working here & taking care of my 2 daughters. There is no support from him whatsoever.
I didn't initiate any legal proceedings expecting that one day he might realize & return.
All this while we have not been in touch. Last summer I took the children to India to meet him but he is absolutely indifferent to the children & neglects their emotional needs, never calls them nor does he receive their call every time.
Many friends tried resolving the situation but he is absolutely Egoistic. 2 months back I wrote to him about a Mutual Consent Divorce, where I even mentioned giving up Alimony& The children' Legal custody be given to me. but he said that I send the daughters to him & his parents. He is not cooperating at all. In 2004 I had filed a dowry case against my in-laws excluding my husband, who at that time was good to me. In 2009 I quashed the FIR & withdrew the case against them without taking anything. The case was causing the difference between us. He was always abusive & irresponsible but with friends & his family, he worsened.
I don't have any whereabouts of his Job in India & expect all hurdles from his friends & family during the legal procedure.
Now, my younger daughter's passport is expiring in June,2014 & he has refused to send any NOC for the renewal.
What are the cases that can be filed against this crime?
1. What can be done to renew my daughter's passport before June, 2014 Since, the Indian Embassy has refused to accept annexure G (www.passportindia.gov.in)
2. How can I file a case of female child abuse against my husband?
3. What maintenance can be claimed for the children?
4 What are the property rights of me & my children in his ancestral or his self acquire property?
How long will it take for the Divorce decision?
Asked 2 years ago in Family Law from Delhi, Delhi
you had raised this query earlier too wherein we had advised you at length .
1) file writ petition in Delhi High court for renewal of your daughter passport . mention that husband has refused to give NOC .
2) you can claim maintenance from your husband for your 2 children . you have not mentioned your husband income . without knowing your husband income we cannot suggest any figures that court may in its discretion award .
3) you only have right to stay in matrimonial home . you/ your children have no rights on his self acquired as on date . in ancestral property your children have share
4) contested divorce cases take years to be disposed of .
its the first time I have posted my query! there must be a mix up.
Could you please refer to my question no.2 & also I have mentioned that I have no whereabouts of his job / income. I have some information of his financial status before he left but in these 4 years I have no clue.
Also, if I give up my alimony & maintenance then, will it affect he tenure of the case?
Asked 2 years ago
1) you can hire a detective agency to find his details . make inquires with his family / relatives .
2) your husband can refuse to give you divorce if he wants to harass you . even if you give up claim for alimony /maintenance he may not agree for divorce . hence case may go on for some years .
you can claim maintenance from your husband for your 2 children and it will depend upon his income..it is better that you go for mutual divorce rather than contesting divorce, your children have no rights on his self acquired
Advocate, New Delhi
File divorce petition. Claim maintenance for self and children in the same proceedings. He will have to file an affidavit disclosing his income which can come under your scrutiny. If you so desire you have a right to live with your husband. You can also initiate proceedings in that respect. Regarding renewal of passport you have to file a writ petition in Delhi High Court impleading Ministry of External Affairs and your husband would also be a respondent. since the alleged child abuse took place in Oman, you have to approach the Oman authorities in that regard.
Advocate, New Delhi
Is filing a writ petition in the high court a time consuming process?How long do such processes take?
In case he refuses to give consent then will my daughter's passport not be renewed & she will be deported?
Do I need a lawyer to do the process or I can do it myself?
Asked 2 years ago
1. Move the Delhi HC against refusal of your husband to give NOC for your daughter's passport renewal.
2. You may on behalf of your daughter sue your husband for domestic violence and also for maintenance for yourself and your daughters. It is his duty as a father to provide financial support to his daughters.
3. The amount of maintenance will be decided by court after taking into account the income of your husband.
4. With the sole exception of staying in his property you and your children have no other right in his self acquired property. If he has an ancestral property then they have an equal share therein.
5. It may take around 2 years for the case to be decided, albeit with the diligent efforts of your lawyer the case can be fast tracked to the extent possible.
Giving up of right to alimony/maintenance has no nexus with the substantive issues raised in divorce case. Hence, it may not shorten the duration of case.
High Court may take few months before deciding your case. The due process of law has to be followed as a case cannot be decided by bidding adieu to procedural law.
High Court may order renewal of her passport notwithstanding his refusal to award NOC. Avail the services of a lawyer if you do not have financial constraints.
it is advisable to engage lawyer to file writ petition and fight your case . it may take from 6 months to a year for orders to be passed in your case .court may direct renewal of your daughter passport notwithstanding your husband refusal to give NOC