Legal Question in Family Law in India
.im from india.my husband left me in india on january2015 along with my 6 month old child.since then he is not responding to any of my messages and people at his home are also not giving any info about his wereabouts.they used to harass me for money and mateials and never took cae of me or my kid,and now after going to US wen some of our relatives approached him thru phone he said that i need to stay along with his mother otherwise he will not take me to him.then immediately after that i went to their home and started to stay along with her.then slowly they started saying if u give money we will take you to your husband.after that they started saying if you give gold he will take you to us.so believing them i gave all what they demanded.but later after taking that they strted to harass me mentally so i came to my fathers place again.recently i came to know that he came to india but left us without our knowledge.its already been 1 year since he left us.and now they are threating me that they will remarry him.if he doesnt like me he should solve all his own in india but he is escaping all the time .can u please guide me in this matter.
2 Answers from Attorneys
1) Also discuss with his mother in the presence of family elders or experienced senior citizen friends to prove ur efforts to join ur husband and confirm having snatched all ur money and sthreedhan etc. as evidence for future.
2) Before proceeding legally, first gather all the evidences all phone recordings, sms, fb etc and preserve.
3) When the chances of conciliation are exhausted, then u can examine filing of RCR against the estranged husband and 498a, DV on mother-in-law and both. But staying at ur paternal home, u will be be able to effectively file case. Be sure to proceed based on facts not creations as it may boomrang on u.
4) He cannot re-marry as stated during the subsistence of the first marriage which can very well be taken care of by Indian courts even if he is in US.
5) Contact a local experienced family law advocate of repute who can properly guide u and act immediately without any further loss of time.
Dear client immediately file police complaint against husband and in laws under sec 498 a for dowry harassment. also file case for restitution of conjugal right against husband ans ask him to take back u to matrimonial home. For any legal help call me
Adv prasad patil
9604349028
8446247807
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