Legal Question in Family Law in India

With reference to the question asked -(i am an Indian housewife, my husband deserted me and my son and informed my father that he won't live with me and sent Rs 5000/ in first month and 10,000/ in second, but he never directly told me that he won't stay with me neither receiving my calls and has asked his employers not to reveal about his whereabouts, please advice what can be done in this scenario?), Iwould like to give a past brief, which is as follows:

My husband and I was married in Nov 2001, it was a love cum arranged marriage. Both parents were against the marriage but my husband's parent more negative than my parent but as my husband said he would commit suicide, they agreed and convinced my parent too. After 15-20 days of marriage my husband went to USA on deputation. I joined my husband in US after my elder sister-in laws's marriage in Feb 2002. The stay in US was fine for but whenever my in-laws used to talk to my husband we used to had a fight and he used to bea me. I didn't inform my parent thinking it was an inter-caste marriage so it would take time to settle. In Sep 2002, my husband brought me back to India and left me at my parent house assuring everyone that he would take me back. He never came back but in March 2003, I received a divorce notice with full of all types of allegations possible- greedy, mad, characterless etc. etc. As I wanted to return to my husband, I never used any allegations or any other form of legal remedy,,,,,,, and the case went on till the year 2009. I completed my studies and when I was in the final year of my management studies, my husband ontacted me and we withdrew the case without any conditions from anyside and started living together from the year 2010 legally. But actually we had started living together since 2009 itself and I knew that no parents, neither his nor my parent knew about this, but later on came to know that his parent knew the fact that we were living together. During the period the case was on, my husband was giving me alimony of Rs 15000/. After the withdrawal of case, everything went fine, My husband moved to Hyderabad from Gurgaon, so I too left my three month old job in Gurgaon and joined him in Hyderbad. We stayed there for a year and conceived a baby boy. But when my In -laws came the same problem started, but I ignored those thinking that after gap of years, I need to be mature enough to build new relationships. Then at the end of year 2011, My husband again came back to Gurgaon, My sister-in- law stays in Delhi. My sister-in-law started creating problems, but still I was tolerating. But when my mother-in law came to us, she created a big misunderstanding between me and my husband and also told me indirectly that one day she will get back her son. This was in the year March 2012 and since then my all the festivals and all the day has become a horror day. Since then my husband used to go to office early and came back late nite, woke up in morning go for walk, come back get ready, took his lunch box and again office. No dinner at home. And in only those few at home he used to instigate me for fight and told me that he will prove me mad. Whenever I used to ask him to bring household things, he used to say that I am not your servant. He used to keep only Rs 1000/- at home for emergency. one day he told me that i stole money from his purse, beat me and went outside and started screaming that I was beating him, I stole money and was using abusive language for his family. He went to office and never came back since then. This habit of his- fightning, abusive and creating a scene at the time of going to office had became a regular one and and sometimes he usued be out of home for two-three days mostly in weekends and used to come in morning, but he used to come back but this time he did not return, instead called my father informing that he wont return. I contacted his office, which is a private concern. I have not received any information from the office, one person says he went abroad, one is saying he is working from home, so dont know what to do further, how to proceed further and how to get information from a private concern. So, please help on this, is there any way ?


Asked on 1/31/13, 8:44 am

5 Answers from Attorneys

Setu Niket Curare Legal

File a missing complaint with the local police and if the cops don't act move to the court.

Kind Regards

Setu Niket

Advocate

+91-9873109672

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Answered on 1/31/13, 9:25 pm
Jayesh Desai Jayesh Desai

Consult a good lawyer in your area, and initiate legal proceedings either restitution of conjugal rights or divorce, as you may feel appropriate.

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Answered on 2/01/13, 1:49 am
Sanjay Kalra Sanjay Kalra & Associates

Your question is lengthy .Make it short to get my legal advice or call me on my cell to take advice. Choice is yours.......Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

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Answered on 2/01/13, 2:00 am


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