Legal Question in Family Law in India
Hello,
I am an MBA from UK. Lived there for over 6 years. Gave up my career and Visa of that country for my new life.
I have launched the complaint against my in-laws who live in Chandigarh and Husband lives in Australia. They have mentally harassed, tortured, isolated and put me into big depression just in initial few months of marriage. And didn't disclosed about his previous marriage which has lasted over 4 years. They later said that was just the Paper work. And tortured to get money from my family.
DSP have done counselling for over 2months. And agreed to register complaint against Father and Mother In law and Husband. But leaving behind Brother and Sister in-law. But I have loads of proofs against all of them in the form of recordings, messages and pictures that how they harassed me throughout.
I have all his messages and emails as proof that he's a characterless person. And was just doing conspiracy to get rid of this relation. In which all of his family members were involved.
All my jewellery and other stuff is at in-laws place, which they are saying that I have taken that with me.
I have few questions:
1) How to get sister and brother in laws name added in FIR?
2) Currently Husband has applied for his PR. How to stop him to get his PR?
3) How to get him to India? As he's not prepared to come back.
4) How to get my stuff and jewellery back from them?
5) When to apply for Maintenance?
6) What else can I do to get the justice.?
I am just doing all this just to save the third life as for them its just a business.
I did met his ex partner and she told me her story that how they tortured her. But not ready to give any statement as she's still under depression.
Would really appreciate the reply. Thanks
2 Answers from Attorneys
You are doing all the for saving the third life but precious years of your life may be spoiled by prosecuting him. in case the elders in your family cannot settle the matter amicably, then you have legal remedies. Even if FIR is lodged and did not include brother in law s name, and you have sufficient proofs against him, you can ask your lawyer to move an appropriate application for including his name. there is a specific provision for this under the law. if he does not appear in Indian courts and NBWs are issued against him, you may seek direction for his extradition to the MEA. there is a treaty between India and Australia to the same effect. you can get your jewelry and other stuff with the help of Crime Against Women cell and if you do not get it, file a complaint under Domestic Violence Act for stridhan, compensation and maintenance. you can also move a complaint u/s 125 crpc for maintenance.
approach a local lawyer
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