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Author Topic: Husband left me and went to Australia  (Read 728 times)

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Offline Rajini

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Husband left me and went to Australia
« on: February 10, 2018, 03:22:18 AM »
Hello sir/madam,

My name is Rajini Kar and I live in Bhuvneshwar. I have been married for 12 years and I have
10 years old son and 8 year old daughter.

My husband family and my family lives in same town near Bhuvneshwar.

My relationship with my husband & his family members were not that good but I was managing somehow for the sake of my childrens. My husband used to beat me (physically and mentally, long story) and from last 2 year things were very worst. So i decided to live separately & since 1 year now I am staying separately with my childrens.

I am not working, my husband bear all the expenses.

Main issue:- Few days I came to know that my husband is not in India and after enquiring, I came to know that he has taken the Permanent Residency (PR) of Australia and went there without informing anybody (infact not to his family, friends, relatives). He dont own any property.

After talking to him, he confirmed the same and told me that he will not bear any expenses any more, he dont want anyone in his life.

I dont have enough money to raise my kids, pay the rent, and take care of other things.


I dont know what should I do ? Please advise.

Offline advjaibansal

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Re: Husband left me and went to Australia
« Reply #1 on: February 19, 2018, 04:13:54 PM »
Please file for maintenance case as if now.

regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline advocate-lyngdoh

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Re: Husband left me and went to Australia
« Reply #2 on: February 22, 2018, 06:19:26 AM »
File for maintenance for children and you and Right to Residence also.

you should not delay any further on this.
Advocate Lyngdoh
Laitumkhrah, Shillong

Offline kalaskarkk

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Re: Husband left me and went to Australia
« Reply #3 on: June 05, 2018, 12:05:56 AM »
Dear Madam,

You may reside in the house of your father-in-law and claim protective order by filing DV case. You can claim the following reliefs.

==========================================================================

 
 
PRAYER
       HENCE THE APPLICANT HUMBLY PRAYS
A)   to take cognizance for the offence punishable u/s 498A IPC and punish Respondent No.1 to 3 as per law and extend  police protection to the deponent,

B)   Pass orders u/s 19, based upon S.17, granting separate residence  for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.

C)   Pass orders u/s 18, in totality against Respondent No.1 to 3,

D)   Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.

E)   Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent No.1  as he is residing in the house of respondent No. 3, which is legally prohibited,

F)   Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent No.1  falsely filed Divorce Petition.

G)   The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,

H)   That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.

Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification

Offline Johnh

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Re: Husband left me and went to Australia
« Reply #4 on: September 20, 2018, 04:17:38 AM »
Children's maintenance is to be paid by one of the partners who is called as the non-residential partner in legal terms.
I agree with the statement you must file the case on him as soon as possible without delaying it.

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Re: Husband left me and went to Australia
« Reply #4 on: September 20, 2018, 04:17:38 AM »

 

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