Legal Question in Family Law in India
need help very badly. My husband and I are permanent residents of the US and our daughter was born in the USA. My marriage is ten years old, the entire period of the marriage, i suffered a lot of physical and mental torture from my husband, finally he was arrested twice in the USA on charges of domstic violence for beating me and was convicted. Soon after the birth of my daughter he sent to India with her and refused to allow me to come back to him in the USA. He made me stay back in India for a year and has now filed for divorce against me here. His parents are in India and are supporting him, they have thrown me out of the house, I filed a DV case against hiim but he has been constantly evading the summons. Its now been 2months and my attorney is telling me its not possible to get any relief as my husband will keep evading the summons. I filed DV against his parents too but his lawyer asked for their exemption on grounds of them being old. My daughter and I are stuck in a very bad shape as my husband has my passport and travel documents and he is refusing to give them back to me ,so that I cannot come back to the States. I am a housewife with no income and am really desperate as my attorney is telling me that my case is hopeless as my husband wont come down to attend the case, and is filing the divorce against me through power of attorney. My husband owns property in India but my attorney tells me that if I want to prevent my husband from selling the property,I have to file original suit for stay order and I dont have that much money. Please advise me what to do? How is it possible for me to serve the summons to my husband in USA if he is avoiding picking it up? How is it possible for me to get custody and support for myself and my daughter,also what way can I prevent him from selling the property?please help me, I badly need help, thanks.
2 Answers from Attorneys
for this, you may have to file a complaint under Domestic Violence Act and in that complaint you may also seek maintenance, compensation for yourself and daughter and also seek restraint orders against husband from disposing off the property.
In DVA case, the court can pass an order of injunction against your husband from selling his property in India. The court can also give possession of that property to you against your claim for compensation / damages / maintenance.
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