Legal Question in Criminal Law in India

advice needed

I am Hindu girl got married under HMA in 2005.My husband works in US on H1 visa.I joined my husband in US on dependent visa.Initially everything was fine but when my parents in laws joined us in US my life was turned into hell.My husband lives in Texas.I have no relatives there.When my inlaws went there i was tortured by them.Unable to bear torture any more i returned back to india and lodged 498a against them and also filed maintenence under sec 125.Now my husband's lawyer has appealed highcourt to quash 498a on the ground of jurisdiction.My husband is getting exempt from income tax every year by showing me his dependent even now.My husband's motive is very clear.He will not keep in touch with me and thus will compell me to file for divorce.

Can highcourt compell my husband to allow me to stay at my matrimonial house in US as long as he doesn't get divorce.I will not give him divorce.I filed for maintenence under 125 because he stopped suppoting me and i am sure without court order he will not support me.I also want to study in US by staying at my husband's house

Can hight court compell my husband to allow me to enter at my matrimonial house in US as i have no plan of giving him divorce as of now?


Asked on 4/22/09, 10:28 am

4 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: advice needed

You may need to carefully plan your strategy. The events in the High Court may depend upon the situation and the stand he takes. You plan about your US visit depending upon final outcome of the High Court case. The High Court order may carry weight even in USA.

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Answered on 4/22/09, 9:28 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: advice needed

File case under Domestic Violence act

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Answered on 4/23/09, 1:58 am
Shrichand Nahar S.V.Nahar, Advocate

Re: advice needed

In a petition for quashing of 498-A, restitution of conjugal rights may not be considered by the high court.

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Answered on 4/23/09, 3:23 am
Pranav Desai PD Legal & Associates

Re: advice needed

High court will not issue any direction other than deciding the matter before it. You should wait till the order of the High Court is pronounced.

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Answered on 4/23/09, 4:59 am


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