Husband living in Dubai blocked wife want to claim maintenance
03-Oct-2023 (In Muslim Law Law)
I got married in 2016 sept.my husband stayed 35 days with me and he return to dubai his job place.he works in Emirates and I was living with my inlaws after nine months I came back to my parents home as I was being tortured by my inlaws and my husband denies and From 16months im living with my parents.i tried my best to live with him but he wants me to stay with his parents and sisters.inthese two yrs we have spent hardly 50 days with each other.and now he is still in dubai.no contact nothing. I went to dubai also without letting him know...i stayed one month with my dad in dubai..i tried to contact my husband but he blocked me from everywhere.after a month I came back India.. what should I do .he filed a case on me that I dont want to stay with him..and thats not true.i just want to live with him but not with his family.plz help me
You should file maintenance application under section 125 before family court.
You should also file petition for restitution of conjugal rights. You can also file domestic violence complaint before appropriate court.
You should also file petition for restitution of conjugal rights. You can also file domestic violence complaint before appropriate court.
You will have to file the case under domestic violence act for committing domestic violence by your in-laws and should protection order from the court of law. You can also asked for compensation and damages under the provisions of the said act.
It seems that your husband is not serious about your marriage relationship. You can file cases under Domestic Violence Act and also Section 125 of Cr.P.C for maintenance. You have a Right to file Criminal Complaint under Section 498-A for harrassment and Cruelty. But after that, it's better to separate yourself from his Nikah by pressurising him for One Time Settlement and live Your Life with New Beginning.
When you know your husband was working outside then definitely he will go abroad to work for his living. You should have demanded at the time of marriage itself that he needs to take you to Dubai along with him after marriage. Well happened is happened.
Now as you say he has filed case of restitution of conjugal rights claiming you are staying away and wants you back. You appear in this particular case and defend the same with the help of your lawyer.
You have few options.
1. Trying to bring both families for mediation and settle this matter amicably.
2. As he is staying away from you and it's his responsibility to look after you for this you can file a maintenance case and also domestic violence case against the in-laws as they used to torture you.
3. If he is running away from past two years without giving any information about his whereabouts it shows he is not interested in marriage , so your family should come to a conclusion to end this marriage via khula or filing a divorce petition in family court and also you can claim all your belonging and gifts given in marriage and alimony.
4. You can also try to contact his employer or join Facebook groups where husband's abandoned there wives and living in abroad. These groups help you in finding him by the help of other womens living abroad.
5. If you want to save marriage and wants to leave with him wait till he comes back to India and take necessary steps involving him and both families.
Now as you say he has filed case of restitution of conjugal rights claiming you are staying away and wants you back. You appear in this particular case and defend the same with the help of your lawyer.
You have few options.
1. Trying to bring both families for mediation and settle this matter amicably.
2. As he is staying away from you and it's his responsibility to look after you for this you can file a maintenance case and also domestic violence case against the in-laws as they used to torture you.
3. If he is running away from past two years without giving any information about his whereabouts it shows he is not interested in marriage , so your family should come to a conclusion to end this marriage via khula or filing a divorce petition in family court and also you can claim all your belonging and gifts given in marriage and alimony.
4. You can also try to contact his employer or join Facebook groups where husband's abandoned there wives and living in abroad. These groups help you in finding him by the help of other womens living abroad.
5. If you want to save marriage and wants to leave with him wait till he comes back to India and take necessary steps involving him and both families.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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