Legal Question in Family Law in India
Hi,
Iam married to a H1B guy who works in USA and rich. After marriage no nuptials happened between us because of inlaws peculiar orders and demands. He went to USA after 3 weeks of our marriage and i stayed in inlaws house for nearly 2 months. When i stayed at their house they use to harass me with their filthy language and some of their peculiar doings and financial motives. There are so much to say but can't write everything. After 3 months of his departure i went to US. As soon as i went there he also started harassing me with the happenings during the marriage that we hadn't done grandly the marriage like wise and i didn't served inlaws upto their expectations.Iam not upto his expectations,status,class etc. using filthy language may be because of his financial motives and to cover his impotency .Meanwhile his parents still harassing me through phones eventhough we are far away from them. Days passed by. Nearly 10 months happened. Then also he is not able to do family as he is impotent. When iam asking moretimes of what is his problem and can we consult sex specialist he dont want to consult doctor and he slowly convinced me and brought to India and secretly he alone went to USA and we found that he cheated me and went to USA. I tried to reach him atleast thru mails and phonecalls and he is not answering to my phone calls or emails. when asked to his parents they are threating me to feel happy that he bought me here safely and what we will do if he kills me with out bringing here. and they are harshly saying that whatever you want to do u do we don't bother they r saying and if we disturb them they will see our end. This is only the brief of what happened. Now my question is what can i do & which sections of cases can i file against them? How to proceed further i don't know anything. I never thought there will be people who will do like this and i am still in depression mood and iam not able to recover from that still.Can u please help me in this regard? Which cases can i file and how to proceed?
Thankingyou
5 Answers from Attorneys
Surely he cheat you and now it is your turn to teach him a lesson. You can file complaint case under section 406 and 498-A and various other cases and he has to come back to india even his parents has to get the bails and have the harassment a lot in getting bail. There is one Domestic Violence act then u will be able to live into his house with protection by the police and you can also get a huge maintenance per month from your husband or his inlaws.
For More detail, Mail your detail to the undersigned;
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Regards and good luck
you need to first decide what exactly you want to do. do you still feel that there are any chances of reconciliation and resuming the marriage ties or you want to divorce him. you have other legal remedies available viz. filing a complaint under domestic violence act and u/s 498a of indian penal code but this all would be a time consuming process and due to court cases, the prime time of your life would be wasted. it is better you ask your elders to intervene and settle the matter amicably. in case you want to end the relationship, your elders may ask the boy and his parents to seek divorce by mutual consent and then you can start your life afresh. there s no point beating about the bush.
You may pursue any or all of the following remedies :
(a) Make a criminal complaint u/s 406/498-A IPC with local police
(b) Apply for USA visa under special category as victims of domestic violence;
(c) Make complaints against him to US authorities
(d) claiming maintenance and damages under D.V.A.
1. You must file a suit for declaration of marriage as null and void owing to non -consummation of marriage, due to impotency of your husband.
2. Also seek consequential damages.
3. If your father and mother in law are also in know of your husband's impotency, additionally file a criminal case for cheating, as well as for domestic violence.
S.Seshadri
www.lawconcern.com
contact a local advocate with full details. However you can go for Domestic violence Act
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