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?
4 Answers from Attorneys
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.
Re: advice needed
File case under Domestic Violence act
Re: advice needed
In a petition for quashing of 498-A, restitution of conjugal rights may not be considered by the high court.
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.
Related Questions & Answers
-
Section 340 of criminal penal code A Metropolitan Magistrate court had dismissed my... Asked 4/22/09, 12:44 am in India Criminal Law
-
Nullity and defamation Dear counsels, If a marraige is annulled by a testification... Asked 4/21/09, 2:23 pm in India Criminal Law
-
Etension of IPC 307 One person was arrested U/s 307 of IPC he was granted bail on... Asked 4/21/09, 12:31 am in India Criminal Law
-
Under section NI 138 I have deposited chq in Feb'09 chq was returned and bank has... Asked 4/20/09, 12:18 pm in India Criminal Law
-
Is there any time limit to file a F.I.R.? i was punished by my office in case of... Asked 4/20/09, 5:49 am in India Criminal Law