Hello,
go ahead and file a suit for restitution of conjugal rights under section 9 of the Hindu Marriage Act.
Also you can file a case to claim maintenance.
regards
Hello Sir! My husband left the house on 1st of July by sending me an email and taking all his stuff and moved with his parents. We went to talk to his family and him and put forth issues that never existed earlier, he has left no scope of communication between us by blocking me everywhere, I have sent him several apology and pleading emails only because I want to stay with him, I have been apologizing for absolutely no reason, I even went to his house but his mother did not open the door. He started doing all this ever since his movement to Phillipines, and lately I got to know that he has moved to Phillipines, I am unable to contact him through any means but his friends tell me that he is having a good time as he keeps posting his pictures on facebook. Please advise.
Hello,
go ahead and file a suit for restitution of conjugal rights under section 9 of the Hindu Marriage Act.
Also you can file a case to claim maintenance.
regards
1)file DV case against husband seek right to stay in matrimonial home , maintenance and compensation for mental torture undergone by you
2) also file petition for RCR under section 9 of HMA
3) however please note that even if you get decree of RCR you cannot force husband to stay with you
See since you have been pleading he has number of proof that there is no mistake or cruelty from his side also In case you go for criminal case he can easily contest same so in ypur case it is best to claim maintenance further if you want to be with him you can file a resotration of Conjugal relationship petition also in case you want to live seperately you can take divorce.
Hello,
File a criminal case under section 498 a alongwith other sections which your lawyer will add during the drafting of your FIR and also file a maintenance case under section 125 if the crpc .
Regards
Dear Madam,
i. If your NRI husband has abandoned you in India, you can immediately file a complaint/ FIR under 498A IPC on grounds of cruelty with the police in the local police station in the area where you were abandoned.
ii. Offences committed outside India would be deemed to have been committed within the territory of India by virtue of Section 188 of the Cr. P.C. Therefore, you can lodge a complaint for the same in India.
iii. If your husband has abandoned you in a foreign country or harasses you in any way, you may approach the local police. You may also immediately contact the following in case of an emergency/to seek assistance in the foreign country:
Indian Embassy in the foreign country
Employer of the husband
Local Indian associations and networks of Indian citizens in the area of the residence of your fiancé
Friends and relatives in that country
Hi,
You have many options left here, If you are willing to reside with your husband and save your marriage, you may file the case under section 9 of Hindu Marriage Act for restitution of conjugal rights against your husband and do mention all these facts in that petition.
You can file complaints in women's cell in nearest police station and online ncw site against husband.
You baby file divorce on grounds of desertion. You can also claim maintenance and domestic violence Act through court
File a petition for restitution of conjugal rights since you have been abandoned and deserted by him without any just and sufficient cauyse.
Also, seek interim maintennace from him.
Dear Concern,
Kindly file a case of restitution of conjugal rights under section 09 of the Hindu Marriage Act 1955 to seek the custody of your husband so that you both can reside together.
If he do not contest the case then you will win this case and he has to come back to you and if he contest this case then he has to give valid proof to win the case in against you which in any case is not going to happen (considering your version of the story to be true).
- Since, your husband has derserted you , hence you should to take legal actions against him , inspite of apologizing.
- Firstly, you should lodge your complaint with the police & CWC , against him and his family members .
- If they will not come forward for a reconcilatioin before the CWC, then they will lodge an FIR against him and his family members under section 498a .
- If, you want to continue , with him, then you should file a suit for Restitution for conjugal right before the family court.
- Further, you can also file a petition under the Domestic voilence Act as well , and also can ask for your maintenance as well.
- Court has its power to call your husband from Phillipines, under the following provisions , i.e
The Ministry of External Affarirs, has, on the basis of Look Out Circulars/Non-Bailable Warrants/Summons/Court Notices, suspended passports under Section 10A of the Passports Act, 1967 and impounded/revoked under Section 10(3) of the Passports Act, 1967, of Non Resident Indians (NRI) husbands for deserting their wives.
- It is not necessary , that your cases will result into divorce against your will. During the case you can settle the matter amicably.
Good luck and dont forget to rating Positively.
You hav the option to file a RCR petition agaisnt him.
You can file a DV case against him and his parents seeking protection and residence.
You may first get an interim order for residence and with the help of court order you can gain entry into his house where his mother is residing stating that this is yor matrimonial house especially when he failed to provide you residence.
You can seek the help of police through court if his mother is not allowing you inside despite court order.
The pressures through legal actions will make him to think about reconsidering his decision to desert you.
- File restitution case against him in case willing stay and further let the court put pressure on him.
- Also, file the petition to at in laws place to put pressure on him and family to think on this relationship.
Regards
Vivek Arya
you. can file domestic violence against husband and also you can file maintenance. you can file section 9 RCR.
You Have to file various cases like maintenance and RCR petition against your husband in family court.
This will create pressure on him as RCR petition can result in attachment of his property on later stage.
1. You have to decide what you want.
2. If you wish to end the marriage then you are free to file a petition for dissolution of marriage on the ground of cruelty, but you require his address to enable the court to send summons to him.
3. You are also free to adopt your remedies under DV Act to seek maintenance from him.