Absconding husband raised case against wife : Indian Penal Code : 379,380,406,34

[Gurnoor Moon]

Hello Sir,
My husband and in laws used to hard as me directly or indirectly. Even, while, I was pregnant. Finally,They left me at my home parents post 7 days of my daughter’s birth. Finally, they disappeared. I came back to my husband’s rented home with 9 months of daughter. Wherein, they played the dirty games against me, my parents and daughter too. I reopened the case with women cell Gurgaon. And my in laws and husband absconded the rented home post anticipate bail from Gurgaon court. My husband had me forcefully leave that house by landlord. Now, I am shifted to another place with my daughter. My parents are helping me to nurture her as I am earning less. My husband is earning 2.00 lambs per month and my in laws are taking pension 75 thousand per month. Still, they are not ready to take mine and daughter responsiblilty. Currently, I have I raised DV case in my home town in may 2017. But, they are not even receiving summons. We are not sure where are they living. They however, raised another Criminal Courts, Gurugram
Case Type : COMI
Stage of Case : Evidence
Under Act(s) : Indian Penal Code Under Section(s) : 379,380,406,34
Current Status is
Business:cw1 record
Reason for Adjournment:Petitioner requested for time
Next Purpose:Evidence
Next Hearing Date:06-01-2018
Judicial Magistrate – Ist Class
Against me and my family.
Please suggest. How can I connect with that Magistrate and convey or dispose this case before it is converted into Any criminal case against me.
Please suggest what should I do. Shall I wait for summons or I can reach the court before I receive any summons. Please help.

[Dr. Ashok Dhamija]

Since you have details of their income, you would be aware of their place of business or place / department of service if they are in service. You can get their address details from these places or from other relatives / friends.

For maintenance, you’ll have to obtain the order of the Magistrate, either under the Protection of Women from Domestic Violence Act or under Section 125 of the Criminal Procedure Code. The court may also order interim maintenance, during the pendency of your petition.

In case of allegations of physical torture, as you have said, you may have to file complaint with police under Section 498-A IPC and other appropriate sections depending on facts.

As regards the case filed against you by your husband, it appears that a private complaint might have been filed against you. It is better to wait for the summons from the court rather than appearing in the court yourself when the court has not yet considered proper to summon you so far. It is not necessary that the court would issue the process to you. If the court is not satisfied about the prima facie case in your husband’s complaint, it may even dismiss the case. If the court issues the process to you, then you may have to fight it on merits.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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