Legal Question in Family Law in India
I am currently living in india. I got married in august 2010 in india in sikh religion registered under the hindu marriage act. My husband his brother and sister in law live in italy currently. His brother and brothers wife are italian citizens. My husbands sister who is a divorcee is living in india currently. His sister also went along with them as it was her 1st trip to italy. I stayed in india with my mother. My husband after few months called my mother and asked her to send me to italy on tourist visa and my mother on her expense got me the visa and sent me to italy. My husband didnt pay for any expense. He also asked my mother to send 4iphones to them as gifts to which my mother refused and he hung up. After arriving in italy a few months later they started torturing me mentally and physically and also verbally abusing me to get money from my mother but i didnt which led to domestic violence by my husband and his family. In february 2012 my husbands sister brought me to india on the pretext of cousins marriage and on arrival in india she kept my passport and all my gold and threw me out of house saying get more money from your parents then only would i get my passport and gold and all my valuable things. I filed a 498a and 406 case against them. They all got bail. I was told by my lawyer that i would not be able to get my passport back as the court is not resposible of getting it back from his sister and i apply for a new passport. I was even told i cant file a domestic violence case against my husband as it happened in italy and it is possible only there. Could you please help me what can i do my lawyer does not give much advice what to do. Should i go back to italy and file a case against my husband for domestic violence and ilegaly keeping my documents is it possible? whats the procedure?
6 Answers from Attorneys
dear client file writ petition in high court and take direction to get back yr documents. for any legal help call me on 9422611385
ADV PRASAD PATIL
HIGH COURT, BOMBAY
It was a shocking story to read . My sympathies are with you but i feel you can do lot of damage to your husband and inlaws in India itself. Engage a good lawyer in family and divorce laws and he'll do the needful.You dont have to go or visit Italy for this....... Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.
Mrs......
You should file FIR against your husbands sister for steeling ur passport and gold jewellery and torturing you for dowry ... yes you can file DV case in India... you lawyer must not be very much interested in ur case so he may be neglecting it....
If you need suggestion for you case I can give you advice and tell be better procedures if you require so... but if you are not satisfied with ur lawyer then you can change the lawyer or seek advice from any other lawyer in ur city....
you can mail me the details at [email protected]
with regards
uttam ( Adv)
you may file case in India, coz there are recent judgment of our High Court wherein it has been decided. Moreover you can file FIR to get your passport back.
Good Luck.
You have remedy in Writ. You may call for clarifications
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