Legal Question in Family Law in India
a maintanance has been granted to me(petitioner) and my daughter u/s 9 read with 24 and 6 months hv been passed but my husband has nt paid a single penny.execution process is going on but my husband had left the job 2 months back.hv no property of his own.he had run out of country also,filling divorce case against me based on cruelity. If restitution decree is granted to me on ex-party evidence,it will be of no use to me as my in laws hv sold out the matrimonial home & my husband has shown his wrong rented address on the papers with the help of his parental friends. my lawyer says that we can nt file sec24 along with our WS in divorce case till the pendility of sec9.can the court be able to club both the cases as i dont want div.proceeding to go on as i dont want to div my husband.is there any way tht my husband can be asked to pay me maintainance before the div proceeding starts?what if i show the maintainance order of other judge in div case will the judge consider it? should i ask for adjurnment on sec9 as restitution decree will nt work? after adjurnment can i file sec24 with my WS?PLS HELP ME OUT I WANT MY HUSBAND TO COME IN THE COURT .HE NEVER CAME TO THE COURT SINCE 2 YRS. I GO ON EVERY DATE PLS HELP
3 Answers from Attorneys
Yes you can show the decree to Divorce judge.
apart from above cases, you can also file a complaint under domestic violence act and seek residence orders in that. the court would compel your husband to appear before itself and direct him to give you shelter whether rented or owned by his parents or himself. he would further be restrained to dispose off his property by any means.
in a pending court case, the lawyer conducting your case should be consulted for appropriate remedy.