Sir/Madam My marriage date was 23 Nov 2016. After that we lived happily. But suddenly my wife left my home and eloped with her old boyfriend (which I came to know later) on 28 February 2018. I filled a missing complaint on 1 March 2018 on nearest police station. After lots of request and pressure police brought her on 27th April 2018 with a lawyer. At police station she justified her elopement by accusing me for giving her torture. There she agreed to give mutual concent divorce. After that she left police station with out giving any contact details or whereabouts. When ever I contacted her lawyer he asked me to finalize her alimony. Feeling something wrong I filed a criminal case against her and her's boyfriend. After that I filled a divorce. At criminal case her father and mother acknowledge about elopement at court trial. Gave statement against their daughter. After that court issued NBW against her and her boyfriend, it was sent to local police station. After repeated request to SP, he talked with my wife but refuse to bring her. Also her lawyer filled divorce at local family court. Also asking for alimony to clear it. Note: 1) our relationship was very good till she elope. Now suddenly she accusing me everywhere and giving false statement to justify her elopement. Her father mother including every family member of her support me. 2)from her elopement nobody able to contact her. Only medium of contacting her is through her lawyer. That's why nobody from our family or her family able to talk with her not even once. 3) even if she eloped with her boyfriend she refuse it and tell everyone that she staying individually. Boc'z of non communication we are unable to know the truth. My Questions: 1) what to do if she demand for alimony? How to avoid it? 2) despite NBW issued police is unwilling to bring her and that boy to court. Is it justified, is it not contempt of court? 3) she has written so many false things against me can I file defamation case against her, if situation goes bad? 4) can I request family court where she filled divorce to shift where I filled my divorce case?
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Wife guilty of adultery is not entitled to any alimony
2) if inspite of NBW wife dies not attend court court can issue proclamation against her and attach her assets
3) you can file case of defamation against wife
4) any transfer application has to be filed in HC or SC having jurisdiction
if you seek divorce on ground of adultery the wife is not entitled for any maintenance or alimony.
Police have to issue look out notices for the person who is missing and police also have the right to issue news paper advertisements to trace, court have the power to attach the properties of accused who is missing.
yes you can file civil and criminal defamation.
Transfer petition can either be filed at High Court or at supreme court. If the transfer of a case is within a state then High Court of that State the transfer petition can be filed but if it is interstate then at supreme court. Transfer Petitions are filed under Section 25 of the Code of Civil Procedure
1. Deny alimony as she has eloped and deserted you, also contest her demand before the court.
2.Pray before the court to issue warrant through SP if they fail then file petition before high court.
3.Yes you can file a defamation case.
4. Transfer petition has to be filed before the high court.
Petition presented later shall transfer to the court where earlier petition was presented.
You can file defamation case in civil court.
Why you pay alimony? Tell her to come and stay with you. Give it in writing. File RCR. Let her disclose the reasons for her not staying with you.
She will demand the aminony as its her right in case of divorce. But you can avoid the alimony or maintenance by proving that she is living in adultery with her boy friend.
Yes it is contempt of court you can ask your lawyer to make application for attachment of salary of policemen who are not bringing them to court despite of NBWs but for that you must know her whereabouts.
Yes you can file defamation case but for that you have to prove her adulterous acts.
No you have to file a transfer petition in high court. But it may not be entertained because court is in favour of women during transfer of cases
You can avoid it on ground of desertion.
Yes it's contempt of Court she can get arrested.
Yes you can file defamation
You can try filing a transfer application
1. You shall have to contest the case of alimony fittingly. There vis no other way.
2. Filke qa Writ Petition before the High Court against police inaction praying for a direction upon the police to arrest them and produce before the appropriate Court within a specified period of time.
3. You cabn lodge a police complaint u/s211 of IPC against her for lodging false complaint against you to cause damage to you, when all her such complaints are proved to be false.
4. No use. It has to be filed before the High Court but the High Court vwill find no reasson to shift her case filed in another Court to your suitable Court..
