Legal Question in Family Law in India
Facts.
1.We had intercast marriage.
2.After marriage he went abroad and made me stay with my parents. He did not inform his parents that we got married
3.After 1 year he came back to India but still did not take me to his house where he lives with his parents. After much pressure from my parents he took me to his house and told his parents that he has married me.
4.We stayed together with his parents then after 1 month he got a job in Kerla (India)we stayed there together and he did not harass me.
5.Then I was pregnant his mother came and I had a miscarriage.
6.He resigned and we came back to his parents house.
7.The harassment begins every day they all torture me when I go out for some work they all lock the house and go out I have to wait for 3 hrs aprox
8.My husband says he wants divorce���..this continues for 6 months they call my parents many times and asked them to take me home with them
9.Then he gets a job in Lisato and then I also got a job in same company as HR manager.
10. We both went to lisato new country together his parents though tried to restrain me from going along with him�..
QUESTION>>>>>>
Now he has again started harassing me asking me not to call my sisters, dad and family��keeps bragging and saying I am after him and have followed him to Lisato.I am 5 months pregnant now .He has my atm card salary account and other password etc��I want to save my money and want my salary account with me how to do it who can help me. What if he has taken out and siphoned off the money.
How can I file a legal complaint here in lisato saying what is happening harassment, mental torture, self humiliation.And what am I entitled to any maintainance for me and if my child is borne any maintainance for the child�.I don�t have a place to live in India can I force him to provide me one at india.
If I come back to India and file for divorce pls mention clearley If court will force him to provide maintainance to me and my child ?
If he will provide a residence to me.?
Will court ask him to pay me some amount upfront to me as compensation etc ?
What if he dosent come back and sticks in LISATO will I and the court be able to force him to come back or pay me compensation ?
what if he says he is bankrupt but I know he has given lot of money to his parents and now also doing the same his parents have 7 plots and lot of money will the court help me get a small decent amount upfront for me to sustain expensess or he will get away free without paying me.I am worried as I dont have any one who could help me my mother died when I was 3 years and dad married again and because of new mother he changed and never took care of us even after having lacs of Rs and excelent earnings hence I am worried pls help me by advicing.
3 Answers from Attorneys
U can get residence order in hishouseand can get maintenance for minor and also can get divorce
in case you can settle this matter amicably, you must give it a preference. in case he is adamant in not sorting it out, you may file a complaint in Lisato and come back here in India. in case he has properties here, you may get the residence orders. the orders directing him to not to dispose off the properties can also be made. you can get maintenance for yourself and your child and even if he settles in Lisato and his properties are here in India, even if he does not provide maintenance, the properties can be attached. however, i insist that try n settle the amicably with intervention of elders, before going for court cases.
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