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Author Topic: Maintenance from 1993 till date not received from Husband  (Read 716 times)

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Offline SandB

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Maintenance from 1993 till date not received from Husband
« on: May 26, 2015, 09:09:14 AM »

A --> is the Husband
B --> is the Wife

C --> is the Elder son - C has 2 daughters who are minors as of now.
D--> is the Younger son

E--> is another woman

Due to mental torture from A, B, C and D approached their maternal grandfather's house and started living separately. 

In due course A filed divorce case. 

On September 7, 1993, Honíble court ordered Husband to pay maintenance of Rs.1500.00 (Rs.500.00 each, wife and 2 children), but he absconded from his work place and did not pay a penny till date.

A after some years got Ex-Parte divorce decree.  (A says that he got, but there is no Strong proof that he got the decree by family court and it is told by other relatives that he got married to another lady with this proof.  B and sons knows that he currently lives with other woman, but there is no clear documentary evidence of the stated Divorce Decree.)

Husband retired in the year 2008, but till date he did not get any monetary benefits and pension as well due to irregular service record, hence he is in the process of getting cleared his Service Book.  So, he will get arrears from 2008 onwards if he clears the service book.

In 06-11-2007, Husband approached wife and children and wrote a Deed of Settlement in which the complete story is written and Husband agreed to provide some monetary benefits to Wife and children, but after his event, he is again not in touch till date.

B and sons approached a lawyer at our place and once everything was informed to the lawyer, they were advised that without decree papers, once cannot know what actually has happened and instead of filing a case and repeating the same steps of divorce case better to get the Judgement copy and go accordingly.

Hence B and sons approached court, but B and sons were made to roam around the court for literally for 8 months or more every alternate day for decree/judgement copy, but to fail.

At this instance B and Sons have the following queries:

Can B and Sons write to Warangal District Court through RTI and obtaining decree copy through RTI is acceptable for this court.

Whether Cís daughters have right over Aís self-acquired property as they are granddaugters to A

How to stop him disposing his self-acquired property or his pension to be given to the other woman whom he married.

What are the precautionary measures, we can take.

Thanks in advance
« Last Edit: May 26, 2015, 09:19:03 AM by SandB »


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