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maintenance

(216 posts)
  1. Anonymous

    My husband has deserted me for the last two years.i was married on march 2005 I have a minor daughter and i am staying with my daughter at my parents house. My in laws did not turn to us neither my husband try to meet his daughter for te last 2 years.During the course of marriage i found my husband is very close to his brother\'s wife and as his brother is physically and mentally unfit to conduct his matrimonial affairs. So i could not tolerate their intimacy. my all in laws family did not care about this and mentally torture me a lot. I returned at my parents house on 25 june 2009. they did not try to contact us .Than i have file maintenance case on him on 19 may 2010 and my husband appear at the time of passing of the interim order on 8th january 2011 and the court has decided to give me and my daughter the interim maintenance.Than my husband has filed an affidavit on 22 jan 2011 in support of his defence saying that he has many other responsibilities and his father mother brother are ill and i am a working women, but thats not true i am not working anywhere as my daughter is very small.After filing this affidavit he has stop coming to the court to pay maintenance and also stop coming to fight for that defence affidavit. Everytime his lawyer took the new date of hearing.My husband also file te divorce petition from the city where we use to live witout my acknowledgement to get one sided divorce. But i got tranfer the case to the home town. Now on 11 march 2011 i have also file the petition for arrest in view of disobedience of interim maintenance orders. but they are not receiving the summon of this petition intentionally at their home .All my in laws members are very clever and hide themselves and convey message that there is no one in the house. Some people are saying that he has went abroad now. Wat would i do now..i don\\\\\\\\\\\\\\\'t want to go in DV act...How much time will the court take so that i could get the justice.How could i trace my husband.

    Posted 6 years ago #
  2. Dr.Dsouza
    Member

    You say
    "My husband has deserted me"
    then you say
    I returned at my parents house.
    so then he is not deserted you, you deserted him. if there is any mental cruelty, you have to prove there it self in front of his/your parents and elders and meet a amicable solution.
    When you involve in legal battle, you lose your valuable time/life and money. for few hundred rupees of maintenance. and if you are educated/capable you will not get that also.

    Posted 6 years ago #
  3. Dr.Dsouza
    Member

    If you are working women then you are not entitled to get any maintenace; if court ordered then may be your husband is not aware of it, or his lawyer is involved with you and cheated him.
    refer such judgment on http://mynation.net/docs/sitemap/

    Posted 6 years ago #
  4. Anonymous

    Sir i would i like to ask since the first day of my marriage i have tolerated my husband relationship with his brothers wife. I just remain quite perhaps he might improve himself and leave that lady.but tha does not happen ..even after the baby he did not change...so what could i have done it..only option was to leave him. and return to my parents house...not a single time he and his parents were interested to call me back or see their granddaughter.so what would you say..is it not desertion from him?

    why i am not entitled to have maintenance?...i know i am qualified but i am not capable to work because i can't leave my daughter alone... also how much can i earn suppose my income is 5000 permonth and my husband is earning more than i lakh than also i am not entitled to maintenance? what about my daughter's future.is he is not responsible for giving maintenance to his daughter?.....

    Posted 6 years ago #
  5. Dr.Dsouza
    Member

    Im not saying you are not entitled for maintenance, but there are already orders,no maintenance for capable/educated women.
    from 1st day you tolerated and you knew, you should not have allowed to come to you and bring innocent child to this world. you should have told him chose her or me on 1st day itself. as you left after child born then anyone can think "teel mai kuch..."
    now you have prove he deserted you to get maintenance.
    when you are not capable to raise your child, Child father has right to ask for her cusotdy, and if you get her custody he will pay his share of responsibility.

    Posted 6 years ago #
  6. Anonymous

    Thank u for your illogical suggestion....you seem to be quite illiterate in your professional duty...

    Posted 6 years ago #
  7. Dr.Dsouza
    Member

    When someone shows all your fault then it always seems ILLogical; Indian women always want husband money but she do not want him. that we can seen from your own words.

    keep it up bounty digger.

    Posted 6 years ago #
  8. Anonymous

    ha ha ha...money money money....

    Posted 6 years ago #
  9. humanbeing2
    Member

    Dear gulati.k19,

    I find your story similar to Rekha_s. Do you have solid proof of his affair with his Bhabhi?..

    you cannot stop his action as long as she is in the house living within joint family. even if you do not have if you have been illtreated by inlaws your stand to leave your husband's house is justified. do not regret for it. Your husband has married you and you & child is his primary responsibility.if he is abstaining from having physical relation with you and neglecting you over a period of time.this too amounts to cruelity.

    having physical relationship and child is part and parcel of marriage. and expressing your displeasure towards his extra marital with bhabhi is geniune you being his lawfully wedded wife. he is not faithful to you and why should you suffer for his act ? do you not have right to have a companion? if he was having affair than why did he wilfully married you? and have a child? why not questions to your husband????why should his acts not condemned??? the person who is showing u fault . is he absolutely clean person?? .. without a single fault??

    although woman is educated and capable of working she may not be able to earn like her husband because she might not be working after marriage and will be underemployed. if there is a vast difference in income you are still eligible for maintenance. there are judgement in support to it. as the child is minor you will have her custody and he has to pay you child support which will give you some relief.

    Get the whereabouts through your common relatives & friends and his present job details. and send the orders to him thru registered post or thru baliff to his address.

    do not get demorilised by the posts here which will discourage you. be strong.. you have to fight for justice. it is very unfortunate for your child. do what is best for her.

    why should Indian woman not fight for maintenance if her husband wilfully does not perform his duties as a husband and father and also neglects/illtreats her to such an extent that she is forced to leave her matrimonial house.

    if you are physically raising the child it is his duty to maintain and secure his child's future. (here he has not even shown any interest for even visiting his child)

    Posted 6 years ago #
  10. sgrover1973
    Member

    Chor-Chor mausere bhai......nahin behene (Sisters). Ek hi jagah par hazarr jhoot. Husband agar Bhabhi ko support kare tau he has physical relations with his bhabhi. Yeh apne jija ke saath so bhi jayen tau bhi yeh sati savitri. This Gulati has sprinkled salt on my wounds and reopenned them. My wife was also like that. She didn't spare her own elder sister even. One should not be so suspicious that the pious relation of Devar/Bhabhi has not been been spared. She herself should have given mental support of her Jethani, if her husband is mentally ill. I'm sure this Gulati must have instead made the life of her husband **** that could be the reason, he is not willing to see her. Instead of supporting the family who is going thru the agony of the elder son being mentally ill. She increased their pain. How hard hearted this lady would be, I can't even imagine. If she was not able to raise her child there was no reason she should have taken her along. Am sure, she must have gone in ego, that this act will bring her husband to her feet, which didn't happen now Khisyani billi khamba noche. But the law has given them so many teeth and claws with which she can scratch anyone from in laws side.

    Girls/ladies, we don't need you here, particularly 498 A type and liars. We warn you to stop using this forum and go ask your lawyers, they will tell you 101 ways to harrass your husband. Rekha, Human being now some Gulati, be advised to get your own web site created and interact there. I am sure these 498A ladies don't need any help from our side. They are like parasites on their hubbies and again stealing the resources which we have created for our purpose. They are self sustained in terms of money and intelligence. I'm surprized they can earn themselves but envy the husband because he is earning more. They want the same status but live separate, just bcoz law is with them. Please don't forget there is some one above this law of land, the almighty.
    But now who studies the epics and has the sanskar of becoming a dutiful wife. They won't share the burden of the husband, they themselves become the burden. Wah are aaj ki Saavitri..........Woh husband ke pran bacha ke lai thi, these whores are asking ways to kill them.

    We have enough trouble for ourselves and don't need more **** from you.

    Dr. Dsouza please see if something can be done about this.

    Posted 6 years ago #
  11. humanbeing2
    Member

    Gulati has not yet filed 498a/DV. which she cud have used if she wanted..

    Mr.sgrover1973,
    there are such things happening in the closed doors and not reported. and with the changing times people are coming forward and reporting without fear. Newspaper are flooded with crime against child and woman.
    what if she is saying the truth.what is wrong if we believe her and give advice.

    there can be some incidences of misunderstandings which cannot be ruled out.

    If there are no more saavitri then are also no more satyavan.

    you mean this forum is only for man and no woman with marital problems should come in this forum for advice or guidance.

    Is DOCTOR Dsouza and admin are the same person.

    Posted 6 years ago #
  12. humanbeing2
    Member

    whether girl child or boy child they are raised equally by their parents in the modern times.
    Husband who has been working continuously will obviously be in a better position than the wife who has left her job after marriage for any reason or for raising the child. one cannot guarantee that she will find suitable job later when she wants to take up job so easily in this competitive job market though she is qualified and competent. she may loose her experience being out of touch in the job market. don't u think if she had not left her job she wud have been at par or far more better position than her husband.

    Posted 6 years ago #

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