Legal Question in Family Law in India

Hi Sir

I got married in 2001 and got divorced on mutual consent in 2008. He came forward for reunion in 2011 and got married in 2012. He is staying in US. A green card holder now. I have 16 year old son. During reunion one MOU was written by us. He insisted to add a point that in case of divorce he need Not pay anything. After marriage he left me here and went there. After several requests he accepted to send tickets for me. I alone joined him for six months. He did not reveal to his friends group that he has a son. And during this period I have come to know that he is having so many illegal affairs. And he promised marriage with 2 ladies. I have those mails. These ladies are divorcees. I insisted that he should not cheat them and he should change himself. He sent me back to India. And after that always insisted for divorce. Whenever he used to come to India he used to bring lot of items for my son but never given a penny towards my maintenance or school fee. During his stay in India he used to be very good. Meeting at the mediator’s house and mingling with me. After going there it’s again the same divorce topic.

Later in 2015 after few talks my son and I went to Us for and continued for 3 months. During our stay he has beaten me brutally with laptop. And he told one of his friends that he has no children and my is an adopted one taken from his sister. After reading that mail my son refused to stay there. We have come back and again divorce topic started.

During this divorce issue he asked me to sign on few documents which are required for applying green card. I was doubtful why he is asking documents from me when he is saying that he won’t take me to US and stay with me anymore. I wanted to send those papers so that there won’t be any problem in future to join him. So I requested him add me into the chain mails of his attorney. He said he will not do that. I requested him to take signature of his parents on the documents instead of my parents. He said no. He increased my doubt on him. He got green card.

Later he came to India and talking about divorce and spend time with me going to all the places. He left to US. He has taken me and my child to Paris. After enjoying with us he says you are here as a caretaker not as my wife. Now he is insisting for mutual divorce saying he is staying there with another lady. He is saying I was not willing to saty with him so did not send green card documents. Now he is saying there is no other way that I can join him.

His parents are not having any relation with me or my son. They have always maintained distance. May be knowing about their son’s intention of divorce. His mother supported all his deeds. One girl even went to their house for marriage talks with his mother. She never said that her son is married. This is the extent of support to her son.

I want to have my family life with him. I want justice. He came to my life for the second time and he played with me. I have few evidences about his extra marital. And his vulgar harassing calls.

I need your help in knowing

1. How can I restore my family life

2. If I file a case what should be that?

3. Even if he leaves India can I file a case

4. Is my case strong enough to file

5 what can be his strengths and how he can defend himself

6 what kind of risks he may put me in.

7 does maintenance case ends the relationship with him or can court direct him to stay with him?

8 what will happen if I don’t sign on mutual documents

9 can I file a case in court that I want to stay with him and he is not letting me.

10. Can My son file a case that he wants his father and mother together as he is deprived of his love

Please help me with a best solution.

1 Answer from Attorneys

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