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Husband absconding how can I get maintenance from my husband


14-Jul-2023 (In Family Law)
Hi, I filed DVC on my husband in 2013, and court ordered to return my dowry amount pay monthly maintenance of 12k for my son and daughter. Till 6 months from the order,my husband did not turn up. I filed EP and he came to court and said he cannot pay and was sent to remand for 30days. After that he absconded. He was issued NBW.I don't know his whereabouts.If I go to Police station its of no use. My father-in-law has a house and in this case ,can I ask for it in the court.Now my husband's brother is enjoying that property. It is on my fatherin laws name. How to get remedy in this case.
Answers (3)

Answer #1
949 votes
Hi
You have not mentioned whether your father in law is alive or not. If he is alive and if the property is his self acquired propery then you can't ask for the share. But if it's ancestral property then you can difinetly file a case for the share for your children. Mean while you can file a petition for residencial order in your father in laws property.
As far as your husband is concern you have to first find his where abouts to take any further legal action.

Answer #2
647 votes
HI,
you can ask share in the property of your father in law in the DVC case which you filed , you can ask for the share
by filing petition in that case.
you can get residential order from the court to live in that house separately. you file petition immediately for residential
order and court will consider the petition and grant order in favor of you.
Answer #3
548 votes
Madam
In the instance ,There is no provision of execution of the maintenance order by attachment of his property which is the case if the maintenance order issued by the court.
therefore , once again you request the court for implement the orders .

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