Legal Question in Family Law in India
i am a muslim women. In June 2011 I got married to a software engineer, working in big muti-national Cognizant (CTS). He showed 6 lakhs per annum salary & he & His brother/sisters/relatives demanded 10 laksh dowry. Seeing his big salary & good job in CTS, My parents gave him more than he asked - approximately they spent 25 lacs for my marriage. Within few months after marriage, he, his brother/sisters started torturing me & my family very aggresively to get more dowry & give them all the gold that my parents have given to me- they sent me back to my parents house asking me to get more money & gold. I stayed with my husband & his family in their house for few months. My husband & his family kept me with them just for 3 months since marriage - I became pregrant & they sent me to my parents house after I became pregnant. For the last 24 months I am at my Parents house. I am having now 18 month girl baby. My husband left Cogniznat & left to Kuwait - not sure, what job he is doing there. He is in Kuwait for last 2 years. He is not giving any maintenance to me/my daughter, not even calling us, not even coming to meet us for the last 2 years. He came several times to India & passed by our town, but did not come to meet us - Even he is not responding to calls & emails from our parents - He has changed his cell phone numbers & he is avoiding me & my family. In this situation, please advise me what steps do I need to take to make him realize his responsibilities towards his wife & daughter- for last 24 months, my husband is not bothered about me & my daughter & he is avoiding us. He is right now in Kuwait & not reachable. Not sure, what he is doing in Kuwait
Before filing a case on my husband & their family, I would like to give my husband a chance to rectify his behaviour - towards this, is it possible to send him & his family members a legal notice from a lawyer stating that from the date of notice, they are given 30 days time to respond to the notice. I would prefer to add two options in the notice. option 1 : asking my husband to give in wirting that he will take his wife & daughter along with him within 6 months & during this 6 months, he will send monthly 30,000 rupees towards maintenance for wife & his daughter. Option 2 - if he dont agree for option 1 or if he dont respond within 30 days to this notice, we will go ahead filing dowry harrassment, domestic violence, mental harrasment etc cases against him & his family members.
Is it possible to send this kind of lawyer notice giving them option of one month time to respond & settle the matter, before we file the cases? Request your advise please
3 Answers from Attorneys
You idea fro Two options will not work.
file 498 A and Domestic Harassment. once he will come to India you will have the option of mediation.
Dear client u can ask khula from yr husband. For any legal help call me on 9422611385
Adv prasad patil
dear madam,
you have to send to your family member to your father-in-law house,asking about maintenance of your and your children.
secondly, you have to file petition in civil court for maintenance .otherwise you will be go to arbitration court/conciliation court,mahila mandal and family welfare association.