• Husband cheating, having affair without my knowledge, went to Qatar, not fulfilling basic

My husband was jobless since marriage I was working in mnc what ever salary I use to get I spended on him and his family I was blessed with a baby girl all the expenses was Borne by my company and opt was borne by till since he was jobless I helped him a lot he asked me to take loan so that he will start some business by believe him I took loan till now I’m only paying it emi than he stated torturing me his mother,brother and sister torture me abuse me that I stated suffering they forced me to resign from my job first than I did I was pregnant for the second time he said his mother can’t take She is not keeping well so he dropped me in my father house in aug-2019 slowly he stopped calling me and started blocking me and my family members everywhere than with elder I went to his residency his mother told me he is in abroad without my knowledge without letting me know he leaves and blocked my everywhere than I asked them where which country she said Saudi Arabia than he made a call to him from her mobile and he said he will be back in 3 months asked my father to take be back to my home.when I was back to home within 10-15 days I received one notice which I did not collected, my dad and called his mother to check regarding it none of his family members Lift the call time passed away in December after serving my notice period when I went back at that time I was 6 months pregnant and they send me back to my home time was passing I tried to contact him I use to send him mails he never use to call or reply I have gone through a lot in my pregnancy and I was again blessed with a baby girl he didn’t call to check how I’m and my babies are not in this one year. From May I started investing about him through social media app than I found he is in Qatar not in Saudi some lady issued him a family visa I got that lady number some how I asked her who is she why she issued visa she said she is some visa sponsor business that it I asked her did my husband to you she said no Than I again. Called his mother and asked who is that lady she told me she is his cousin sister with two conflicting answers my doubt reach to an peak now I got all proofs like my husband is having physical relationships with that lady I want to know how many cases I can file he took all my salary I spended around 20 lakhs on him in 2.5years and 5 lakhs loan all my belongings are there place only gold and silver furniture everything, his mother brother and sister harassed me and abused me, without my knowledge he went out of India, stay with one lady he did not spend a single rupee on me and babies I want 5 of them to get punished they should not even get bail suggest me section and what all cases I book on them..
Asked 4 years ago in Family Law
Religion: Muslim

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29 Answers

You lodge a criminal complaint against him and his mother and other extended relatives with the local police for dowry harassment   criminal intimidation,  acts of cruelty,  cheating,  and other crimes done by all to you. 

After that you file a  DV case seeking compensation for their acts of domestic violence against you,  return of your articles   return of your money spent on him so far including the loan amount you obtained for him, besides action for mental torture due to his extra marital affairs with some other lady and harassing you for asking about that. 

You also file a maintenance case under section  125 Cr.P.C seeking monthly maintenance for you and your children. 

After that,  if you don't want to continue this married life you may plan to file a divorce case on the grounds of cruelty. 

Consult a local advocate and proceed as suggested. 

T Kalaiselvan
Advocate, Vellore
86968 Answers
2334 Consultations

What exactly you want is important. If you need divorce you can proceed with filing of contested divorce. Otherwise if you want him back in life you can file rcr petition in family court. As he is outside it will be difficult to get him back in India to attend legal proceedings. You need to involve external affairs ministry. You can also file maintenance applications for getting alimony and child support if any child is there in your custody

Prashant Nayak
Advocate, Mumbai
32371 Answers
199 Consultations

1. If he doesn't want to come back now you can not force him.

2. You can file case under section 498A IPC.  I'd FIR is registered then he will have to eventually come to India to take bail but not immediately. 

3. For maintenance you can file case under PWDV ACT. 

4. Since you don't want this marriage settle the dispute amicably by mutual divorce in lieu of permanent alimony. 

Devajyoti Barman
Advocate, Kolkata
23196 Answers
510 Consultations

You can initiate legal actions as suggested in my previous post. 

However it may not be possible for bringing him back to India if he is not willing to return to India. 

You cannot take any action against him or her for the alleged extra marital affairs between them. 

 

T Kalaiselvan
Advocate, Vellore
86968 Answers
2334 Consultations

You can file a contested divorce case on the grounds of cruelty and his suspicions about your fidelity as well as about the children can be cited as reasons for cruelty besides other reasons. 

T Kalaiselvan
Advocate, Vellore
86968 Answers
2334 Consultations

Even without the covid-19 situation,  you cannot force them to return to India. 

You will be misguided with false assurances or false suggestions that you can approach embassy to get them repatriated to India,  whereas practically it will not be possible. 

However by implicating his parents and brother in criminal cases,  the pressure may mount on him,  which may make him to return to India to safeguard them. 

 

T Kalaiselvan
Advocate, Vellore
86968 Answers
2334 Consultations

File a domestic violence case against him aling with cruelty and under the dowry prohibition act and also against his family members for aiding and abetting in this crime.

Also file a maintenance case against him.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

You should lodge an fir and then send summons through the embassy.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

Lodge an fir asap.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

Yes it is a little tough due to covid but file cases against him anyway and send summons.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

File case of dowry harassment case against husband and in laws u der section 498A of IPC read with section 2, 3 of dowry prohibition act 

 

2) also file DV case against husband and in laws seek protection order , alternative accommodation maintenance and compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
96770 Answers
7805 Consultations

File above mentioned cases against your husband and family members 

 

if husband does not cooperate with investigations bailable warrant would be issued against him 

 

apply for impounding of his passport 

Ajay Sethi
Advocate, Mumbai
96770 Answers
7805 Consultations

You can rely upon messages and emails exchanged with husband 

Ajay Sethi
Advocate, Mumbai
96770 Answers
7805 Consultations

He can travel after Covid 

Ajay Sethi
Advocate, Mumbai
96770 Answers
7805 Consultations

You file an FIR against all of them for cruelty , domestic violence  and cheating under section 498 A and 420 of IPC.

You file Criminal Application before Magistrate  Court under section 12,17,18,19,20,21 and 23 of Domestic Violence Act 2005 against all of them.

You file application for maintenance under section 125 of Cr. P. C. 1973 against your husband and in-laws before Family Court seeking maintenance for self and two daughters. 

All three case and notice serve upon your husband on WhatsApp message which is legally allowed. 

If he doesn't appear get ex-party order of maintenance, arrest warrant against husband and get it executed through Indian Embassy in Qatar. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Sorry the answer to your question is appearing more than one time due to bandwidth and internet connection speeds. Please ignore it.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Being Muslim women all laws are applicable in your matter.

No problems you have rights to invoke the provisions of IPC,Cr.P.C. and D V Act to redress your grievances against injustice being caused to you by your husband and in-laws. 

You need to find a good Lawyer, Advocate in TELANGANA, Hyderabad to contest your case firmly to get you Justice from Court of law by punishing all who have caused you Criminal act torturing and cheating you .

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Being....

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Being ...

 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Dear Ma'am,

You can institute cases for following offences:

Section 406, 420 IPC - Criminal Breach of Trust and Cheating (for not returning your money and other belongings), Section 498A, IPC - For cruelty and harassment, Section 506, IPC - Criminal intimidation, Section 377 - For unnatural sex (It will not be proved now but can be used to aggravate the case).

Section 3, 4 of Dowry Prohibition Act.

You can also file a case under Domestic Violence Act seeking maintenance and provision for residence. 

Most importantly seek maintenance for yourself and children under Section 125, Cr.PC. 

Ensure to collect all the evidences against your husband and his family. It is advisable that you seek assistance of a local lawyer. 

Best wishes.

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

Reply to follow up question:

It is not practically possible to compel him to come to India. However, he might fly down here for a settlement after case is instituted against his family members. 

The lady with whom he is allegedly having an affair has not committed any legal wrong. No action can be taken against her.

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

File a police complaint against him and all his family members under 489A, 420, 406 IPC.

They will come to knees and beg you for compromise. 

Once FIR is filed than send an intimation to the embassy for cancellation of his visa.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Your written submissions are showing that you are subjected to cruelty from your husband and his family members, hence, you should know, that legally you are having following right  :-

1. As per law, A wife has the right to claim decent living standards and basic comforts of life from her husband , even she is  a working lady. Hence for claiming the maintenance, you can file a petition under section 125 CrPc.

- Your husband is under legal obligation to provide the same to you at any cost, even he is working or not. 

2. Law entitles wives a basic right to reside in the matrimonial/ home, whether the house owned by her husband or his parents, a rented property or officially provided to him. 

- Hence, for claiming your residential right, medical expenses etc, and also for teaching a lesson to the family members of your husband, who subjected you torture & harassment, you can file a petition under the provisions of Domestic Violence Act.

3. As per the Supreme Court, A wife has complete ownership rights over all her Streedhan, the gifts and money given to her before and after marriage. The denial of Streedhan to the wife makes the husband and in-laws liable for criminal charges. 

- And further, if the husband or his family members subjected a woman to cruelty for the dowry demand, then they can be booked under Section 498-A.

- You can lodge a written complaint against your husband, in the Women cell/Mahila Police, after mentioning all the details of torture & harassment. 

- The women cell firstly will try to reconcile the dispute; otherwise, they will lodge an FIR against all the person, who subjected you cruelty. .

- Further court has its power to call him from the abroad , and impound his passport as well. 

Mohammed Shahzad
Advocate, Delhi
14419 Answers
221 Consultations

You can file Complaint against your husband and in-laws u/s 498/A,  Dv Act. 

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

Call us through the website for further assistance.

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

File a criminal case against your husband and his family and also a case for maintenance.

Swarupananda Neogi
Advocate, Kolkata
2973 Answers
6 Consultations

Dear Querist

you may file a criminal case against him and his family members before the Police for not returning your Stridhan under section 406 of IPC and may also file a doemstic violence case against whole family for their violence committed upon you.

apart from the above, you may also file a criminal complaint against him before the the family court under section 125 of Cr.P.C. and claim maintenance for your children.

 

Feel Free to Call 

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

1. You can file cases for domestic violence against your husband and his family members and claim residential rights in matrimonial home along with protection orders and compensation.

2. You can lodge FIR against your husband and in-laws for cruelty, dowry harassment and criminal breach of trust by not providing your stree dhan to you.

3. You can also file case for maintenance against your husband under section 125 CrPC.

4. You can also file divorce petition against your husband on grounds of mental and physical cruelty.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

You can make complaint on Site of Ministry of External Affairs and http://ncw.nic.in/ncw-cells/nri-cell

Ganesh Kadam
Advocate, Pune
12987 Answers
262 Consultations

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