• Divorce and alimony

My husband and his family cheated me and left me and my son in my father's house and ran away from here. Whole family is missing since last 2 months. In that case how should i will get divorce from him. Can I get alimony for me and my son.
Asked 3 years ago in Family Law from Jamshedpur, Jharkhand
Religion: Hindu
Hire a private detective or contact his work place, his relatives. You must be having his mobile no. atleast. You've not mentioned how long you've been married and how old is your son. Where your husband was employed? Elaborate your situation. You definitely are eligible for maintenance for yourself as well as your son. If there was any violence involved in your life, file a suit for domestic violence against them.
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
dowery case &maar peet ke liye police case karen police unko dhoond nikalegi. DV act ka ase file kar ke usme diye relief court se lein
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
1/ Do not go for divorce just now as it is his intention only.
2. File a case u/s 498A, 406  IPC  against the husband and in laws.
3. To claim maintenance file case under PWDV Act.
4. File these case from your parental home only.
Devajyoti Barman
Advocate, Kolkata
6913 Answers
78 Consultations
4.9 on 5.0
1) you should file DV case . claim right to stay in matrimonial home or alternative accommodation 

2)you can also seek maintenance from your husband . if your husband does not appear court can grant you  exparte reliefs 

3) you can also seek protection order in said complaint

4) you can also file for divorce if you so desire and seek alimony from your husband 

5) contact a local lawyer
Ajay Sethi
Advocate, Mumbai
27348 Answers
1486 Consultations
5.0 on 5.0
All the points of advice have been given by my learned colleagues and I advice you to act accordingly.
Shashidhar S. Sastry
Advocate, Bangalore
1303 Answers
71 Consultations
5.0 on 5.0
1. Move to court and file a case for domestic violence to seek the right to residence and protection. 

2. You may also file a case for maintenance against him. It is your husband's duty to provide financial support to you and his child. 

3. You may also apply for divorce and alimony at any time.
Ashish Davessar
Advocate, Jaipur
19611 Answers
507 Consultations
5.0 on 5.0
1. File a FIR with the local police u/s498A of IPC,

2. Police will seek his address to arrest him,

3. File a DV case for maintenance, residential right etc,

4. File divorce suit later on.
Krishna Kishore Ganguly
Advocate, Kolkata
13586 Answers
292 Consultations
5.0 on 5.0
1. No, you can not publish your allegations,

2. They may file a defamation case against you.
Krishna Kishore Ganguly
Advocate, Kolkata
13586 Answers
292 Consultations
5.0 on 5.0
1) no you cannot release  an advertisment in local newspapers and publish your allegations against your husband 

2) husband may file  suit for damages against you or file criminal defamation case
Ajay Sethi
Advocate, Mumbai
27348 Answers
1486 Consultations
5.0 on 5.0
Do not act in haste. You will invite trouble if you publish an advertisement in newspapers against your husband and he may file defamation case and/ or claim damages.
Shashidhar S. Sastry
Advocate, Bangalore
1303 Answers
71 Consultations
5.0 on 5.0
1. Do not do act intemperately. If you give an advertisement in the newspaper you will be liable to prosecution for defamation. 
2. Pursue the legal remedies available to you.
Ashish Davessar
Advocate, Jaipur
19611 Answers
507 Consultations
5.0 on 5.0
fFile a missing complaint with Police, inform his friends & relatives to locate your husband, give an insertion in local newspapers about your missing husband and also mention that whoever gives information about your husband would be suitably rewarded and also hire a detective agency.
Shashidhar S. Sastry
Advocate, Bangalore
1303 Answers
71 Consultations
5.0 on 5.0
1) have you lodged missing complaint with police? if so police will make efforts to trace your husband

2) find out from organisation your husband was working for as to his latest residential address

3) make inquires with his relatives and friends  

4)hire a detective agency if you want to be discreet .
Ajay Sethi
Advocate, Mumbai
27348 Answers
1486 Consultations
5.0 on 5.0

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