You can file domestic violence complaint against them. You can also claim maintenance under 125 crpc and domestic violence Act. You can also file 498A IPC if thre was dowry demands and harassment
Divorce
Hi. I got married in 2016 and since the day I got married my in laws were troubling me. They first ask us to move out of the house and live on our own which I fine with. Then my mother in law use to abuse me in every fight that we had. I have two daughters. My husband has 2 affair in our 3 yes of marriage but everytime he said he will not repeat it and the sake of my daughter I forgived him. When I was 6 months pregnant with my daughter he ran away to Thailand without telling me. However he informed his parent that he is going. He said he is going to pune as he used to work as driver but fled to thailand. There he met a lady who was divorced and has 5 yrs old daughter and wanted to marry her so as to get the citizenship but he came back because he lied to me that he got a job in hotel but he went there to do scam which USA IRS scam which is very popular. I gave birth yo my daughter and now she is 8 months old. He said he wanted divorce and is not coming home since 3 weeka. My parent are not supporting me as its a love marriage. Please help me he said he has filed a petition but I havnt recved any notice. Now he wants to fly abroad so he speaking to me nicely and saying I will take of the girls and you live on your own. What should I do to stop him from flying abroad? I am afraid he will repeat the same thing. He will fly abroad without telling me and I know once he is gone my life will be miserable as I cannot do anything onece he is gone. He is telling me jab me ek baar tereko bina bole ja skta to abi b ja skta hu you can't stop me. File kr court me court bulayega muje. This is his attitude. We have not file for anything and its been a month that he staying with his parents I think he will flead away that's what he is planning... Please help me what can I do to stop him flying anywhere
Asked 5 years ago in Family Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
21 Answers
I have few questions.... 1 I want to apply for cabin crew.. Will this divorce case will be problem as I have heard you cannot travel to abroad if there is divorce case 2. As he is planning to go abroad..can he still go 3 . what are the charges of lawyer 4. I would still like to save my marriage as I know all this is problem created by his parents
Asked 5 years ago
1. No
2. Yes she can go.
3. Depends on Lawyer to lawyer not fixed.
4. It's your personal decision
You can contest divorce proceedings
2) contested divorce proceedings take 5 years to be disposed of
3) you can file case of dowry harassment against husband if you were harassed for dowry
4) police would issue notice to husband to record his statement
You can work as cabin crew
2) pendency of divorce case does not debar him from going abroad
3) legal fees vary depending upon the lawyer engaged by you
4) file for RCR under section 9 of HMA
You cannot restrain him from going abroad as not even Court can order to stay forcefully with each other, until and unless there has been instances of dowry harassment from their end and a FIR has been lodged against him.
1. You can apply for cabin crew. Your divorce case would have no bearing on it.
2. Yes
3. Charges of lawyers are variable.
1. You are wrongly informed. The pendency of divorce suit or even case u/s 498A IPC is no restraint for travelling abroad.
2. Yes, you can not stop him going to abroad.
3. Charges of a lawyer varies with every person. There is not much uniformity in fees of an advocate.
4. File a suit for restitution of conjugal rights.
in this condition, you may file a criminal case under the dv act and especially pray that he is about to leave the country. the court will take a bond from him by issue a summon. you can file a petition for monetary relief https://kanoonirai.com/monetary-relief-dv-act/
See you can file a strong police complaint against him for beating and harassment under IPC, domestic violence act and the dowry act and further he will need to obtain bail for same and court shall keep his passport on bail and he wont be able to run.
You can seek maintenance for your self and child and alimony from him along with the residence rights.
1. No there wont be any issue pending divorce you can travel abroad.
2. You can file complaint to stop him.
3. See that shall be according to lawyer you engage.
4. See for saving marriage you both need to sit and talk and further seek counselling and mediation on marriage.
- Why did you not file a DV case against your in-laws and husband, for harassment?
- Your husband has extramarital affairs habitually, and it's quite probable he's promiscuous nature. So why do you need to save such an awful marriage. You must seek divorce and alimony and custody and guardianship of your children.
- The first person to help you is yourself. Lawyer cannot help you unless you are willing to help yourself. You must give a thought to 1) and 2).
- I'm based in Bombay/new Bombay just as you are, so it shouldn't be much difficult for you to visit me for exhaustive consultation. .(nine eight two zero eight nine seven eight eight four).
- Madam, expert legal assistance will be at at a premium always. Cheaper options will botch up your case. Anyway I'm open to negotiation as far as fee is concerned. Still doesn't expect a competent counsel to assist you for peanuts
This is my response to you:
1. You can approach a marriage counselor;
2. You can also appoint a mediator to sort out your differences;
3. If they cannot be solved then apply for separation;
4. If your marriage cannot be saved then file for mutual consent divorce;
5. Consult a local lawyer and take steps.
Hi,
The divorce case is a civil case and it will not have any impact on your service/career and you may apply for cabin crew. For stopping him to flee away, you need to file other cases as well and get the orders from court. Being a lady, you may seek the services of legal services authority and you may file a case with the help of that lawyer free of cost.
No such restrictions, you can travel.
IF you will file police complaint than not without permission of court.
Not much.
approach before women cell and lodge complaint under domestic violence and also file a interim application in the DV.
Until there is any restrain order by a court of competent jurisdiction every person has right to go abroad and hence your husband can also go in case not restrain by any court order.
fees depends on the advocate's nature.
settle dispute amicably through an mediator.
Dear Client
If you want to stop him from going Abroad then you should file a police complaint against him for harassing and cruelty against you for dowry you should also mention in the complaint that he is planning to travel abroad for making him self safe from arrest. by this police can get court order to seize his passport and court will order him to not to travel abroad without permission of court.
and you can also file a Criminal case of Domestic violence under D V act against your husband and his parents and if you don't want to divorce him then you should also file a maintenance to get monthly maintenance for you and your daughters.
you can take the job of cabin crew as a there is no such restriction of travelling abroad in Civil cases
if you file criminal cases against him then he cant travel abroad without permission of court till case is pending
Charges Depends on the Advocate you Hire
if you want to save your marriage then you should file case of section 9 HMA also for Restitution of conjugal rights against him to order him for joining you again as husband and resides with you.
You can apply and do a job but as you girl is very small it would be a problem. Moreover he can use it in court against you to show that you dont care for her.
A section 9 application RCR application must be filed and the court shall summon him and ask him the reason for withdrawal from your society.
He can choose not to appear.
A case for domestic violence physical and mental harassment and cruelty and abuse can be filed against him so that he cannot go abroad.
Regards
Well if he has filed a divorce case, you will get notice, if you have not received any, then wait for it at least for a month, after which it will be confirmed that he has lied with you.
If he wants to fly away to a foreign country you cannot stop him until and unless you file a criminal complaint against him under section 498a ipc and 3 and 4 of dowry prohibition act and also DV case.
Once a FIR is registered then he cannot travel abroad during the pendency of a crimninal case against him.
1. He can travel abroad even if there is a divorce case pending against him.
2. Yes.
3. The lawyer charges depends on the lawyer which cannot be predicted by another lawyer.
4. You can challenge his divorce case properly in the court of law.
- As per the information mentioned in the present query, makes it clear that he has been lying you all the time.
- I would advice you to file a divorce even if he has field one as the one would be the separate on your side.
- And yes you can travel to anywhere as this is the civil proceedings of no party cane then the order would go in the favour of the other party.
- Though You have mentioned that you want to save the marriage, but for now you should file one as this would give you legal protection and then later on you both can settle it out in eh mediation refer by the court itself several times during the proceedings as the court also thinks to save the marriage rather than breaking of marriage.
