Legal Question in Family Law in India

is it desertion?

my husband has settled me in a house in india with my two children aged 4 yrs and 8 mnths respectively. he has thereafter moved to dubai where he works, without intimating me his whereabouts. his parents who live next door, know his whereabouts but do not tell me. he also does not send me any money to run the household or educate the kids. I have been running from pillar to post and living on borrowed money for the last 5 months. what are my options legally. also can i approach the UAE authorities/indian high commission. would be grateful if you can provide some advise which does not involve expensive legal assistance.


Asked on 7/04/07, 9:51 am

6 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: is it desertion?

you have not mentioned the mode of "settlement" arranged by your husband in a house;

if thehouse is owned by him; you cannot be ejected from this;

if this is rented, you can claim rent from ur husband;

since the husband has not told u his whereabouts, u can file a complaint with the police against him and his parents who will be forced to inform the authorities about his whereabouts;

u are also entitled to approach the authorities under Domestic Violence Act 2005.

You can also approach the Indian Mission in UAE

Thus u have several options;

u will get maintenance for urself as also for ur children as per financial status of ur husband.

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Answered on 7/04/07, 10:05 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: is it desertion?

good afternoon

in this case you may contact the indian high commission furnishing all the details of your husband and your marriage and also the UAE high commision and wait for their response. meanwhile consult a good lawyer to meet the procedure under the law

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Answered on 7/05/07, 4:50 am
kavitha balakrishnan kpp associates

Re: is it desertion?

firstly - it would be advisable - to talk to your inlaws - if feasable/possible

get in touch with the employer or company of your husband and find out if he is still working there!

call him if you could trace him! talk to him find out what really went wrong?

from what you have stated -the problem is a recent one - so handle with care and neatly!

of course you can take the help of the embassy people and they will be helpful in tracing him! but they may not be in a position to make or help you both to live togather as husband and wife!

handle the situation very saftely - consult a lawyer - do not jump into conclusions! you have children to live for! and as all other kids they too need both the parents!

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Answered on 7/05/07, 2:40 pm
rajeshwar sharma rajeshwarnathsharma

Re: is it desertion?

You may approach the indian high commission in UAE or UAE high commission office situated in India to find out the present whereabout of your husband by furnishing details of departure of your husband i.e. date or month and year.

You have a right to claim maintenance for youself and for your children by filing criminal complaint u/s 125 of Cr.P.C. For further query contact me.

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Answered on 7/04/07, 12:12 pm
G. M. Gupta gmguptaandassociates

Re: is it desertion?

you can file maintenance cases and dowry cases against him and his family and he will come back running.

then compromise the matter and live happily.

for further advice u can contact me at my contact no.s

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Answered on 7/04/07, 12:50 pm

Re: is it desertion?

you may contact Indian High commission giving details of your husband like his passport number,date of departure etc.and also UAE Commission.you may also claim maintenance u/s.125 cr.p.c.by impleading the name of your husband and also father-in-law as the whereabout of your husband is not known to you.

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Answered on 7/04/07, 1:23 pm


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