• Divorce

Hi sir i got married in feb from june my husband is staying in bangalore due to his job and i was pregnant staying with parents in hyderabad now i have a 1 month old baby my husband never took responsibilities after marriage he had never send us single rupee hardly he came thrice to hyderabad  he did not even come for my delivery his parents never took any responsibility of me  from june to till today he does not answer my calls he does not calls us from june he is saying he will save money and take home in bangalore and will take me,baby to bangalore every month he says he will take us next month but he never saved money always he says that he is not a responsible man and to leave him now we have find out that he has an affair in bangalore he never tells us his proper address also so now i want to file cheating case against him shall i go to bangalore and catch him with the help of police? will police beat him and put him in jail? his parents stay in kolkata he is saying he will run away he is threatening us daily that he will ran away what if he runs away? then can i file case on my in law's? what about my alimony ,child support? can i leave baby with him as we are financially very poor? tell me what case i can file on him?and how?
Asked 1 year ago in Family Law from Hyderabad, Telangana
Religion: Hindu
1) file domestic violence case against husband/ in laws  and seek right to stay in matrimonial home 

2) seek maintenance for your self and the baby , compensation for mental torture undergone by you . 

3) you can also file 498A case against him for continuous acts of cruelty 

4) you can also file RCR ( restitution of conjugal rights ) case against him in family court 
Ajay Sethi
Advocate, Mumbai
23337 Answers
1220 Consultations
5.0 on 5.0
Hi, you can file a police complaint under section 498/A IPC to your husband and also in laws.

2. As your husband was failed and neglected to maintain you so you can file a petition under  DV act for maintenance and for residence order as it is the duty of the husband to maintain his wife and children.

3. You need not come to Bangalore for filling complaint  under section 498/A you can lodge a complaint in your place only.

Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Hi, First-up all you don't know the proper address, suppose if you lodge the police compliant in Bangalore also he can ran away to the Kolkata, can Bangalore police go to the Kolkata ?.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) you can engage a detective agency and trace him 

2) your husband is merely trying to fool you . he must be having a job how can he run away while employed with an organisation .? 

3) only if he has job in an alternative city would he leave Bangalore 

Ajay Sethi
Advocate, Mumbai
23337 Answers
1220 Consultations
5.0 on 5.0
1. File a police complaint against him for cheating you,

2. File a DV case at your place,

3. File a Divorce Suit against him claiming substantial amount as alimony,

4. If police does not act, file a Writ Petition before the High Court against police inaction.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
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1. Leave it to the police how they will get your husband if he runs away,

2. If you lodge a police complaint against him bringing the charge of cheating, he will not come to know about it,

3. Police will investigate about his whereabouts from Bangalore and Kolkata police and track him down if police is really interested to get him,

4. If police does not act, file W.P. as suggested in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
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1. No cheating case is made out against him. The legal meaning of cheating is a far cry from the meaning which is ascribed to it in common parlance by laymen.

2. If he has an extra marital affair, which you have found out, you can file for divorce against him if you have the required degree of proof. This apart, you can also file a case for domestic violence to claim compensation for the domestic violence suffered by you.

3. The right to maintenance can be claimed by you and your children. He can contest your claim to maintenance if you are earning on her own. 

4. You are free to leave your child with him but this will practically disqualify from getting child custody subsequently.

5. He is a free man, so he can run wherever he wants. Even a court of law cannot force him to stay with you. If he evades the summons of the court then an arrest warrant can be got issued against him. Thereafter, it will be the duty of police to search and produce him before the court.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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In the given situation, you should somehow find out his address without his knowledge and silently trap him through the local police and make him to commit to take care of you ad your child by setting up a house in Bangalore separately if his present house is not sufficient for all of you to live.  You can collect his employment details and secure them.  In case he resorts to the same trick once again or suddenly flees the place to an unknown destination, you may rope in his parents into the case that you may file against him seeking relief and remedies.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0

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