Legal Question in Family Law in India
I got married 3.6 yrs back and now my husband is in USA.
He went to USA on H1B with in 1 month after marriage. Actually neither my parents nor I interested in USA matches, the same we told them before the marriage , they agreed but they hide their USA plan-- they cheated us.
I was working as Software engineer those days and they forced me to resign and I did the same -- made me dependent.
Got dependent VISA after 6months traveled USA.
My husband and his brother offended me like anything because of the disucssions that took place during my forceful job resignation(first I didn't agree) and the discussions that was happened between my parents and his parents before my travel.
I mentally strugguled a lot and not even have a communication media to share with my parents.
After 7 months I was sent to India as I was pregnant for delivary(Even I wanted to stay with my husband and requested the same).
God has blessed me with a baby boy and after 6 months I again went to USA along with my baby.With in a month my in-laws came there I dont know till the time they reached USA(Even my family members dont know till the time they boarded from India).
My mother-in law guided me with inappropriate diet (I dont know at time it is going to do harm) and I had been mentally stressed which caused me to suffer with Rheumatoid Arthritis. I had been mentally stressed because of their offensive words on what ever I do.
They did some research on the desease and thought that I was going to die and I was sent to India for the treatment.
The next day my inlaws came to India and take my son to their house as they dont have any hopes that I can recover.
Due to god's grace and with parents love I was cured 50% percent and able to walk without sticks. (When I came to India I came on wheel-chair walked with sticks).
Knowing about my recovery my husband ordered me to stay with his parents. I stayed with them along with my child though they ill treated me. They planned to send me USA alone leaving my son, I didn't agree, they forcefully wanted me to do that. My father knew about this and he supproted and a hot dicussion went nearly 4 hours, we tried to convince them but they didn't even think about our emotions.
Some how there was no communication between us(neither to my husband not to my inlaws).
They were not even answering a phone call.
It has passed 6 months. I have been sending mails to my husband from the last 5 months but I didn't get atleast a reply. Finally I e-mailed the same to my father in-law (a Judge by profession), he sent the below mail, which makes me worry , they offended me in the mail...thought that they may want to proceed legally...want to give divorce...may separate my child from me.... Please guide me how to handle this......
Their suspectable actions towards me:
1) I resigned my job without serving the notice period , as they forced me to do it. But they didn't try to resolve the consequences that I faced from my company.
2) They took my cerificates and kept with them -- to make me completely dependent.
3) They didn't provide any communication channel to share my feelings to my family members. Even once in a while they provided every thing they tracked.. means I need to talk to my parents over the phone before them, I need to give the password of my mail id to them, I should not change my password.
4) They harassed me with irritating words -- which lead to rhumeto arthiritis caused due to mental stress.
5) Now trying to separate my child from me -- which lead me to lost the patience towards their actions. As an indian woman adhering towards our culture and customs I can sustain with the above 3 but as a mother(a relation which is not specific to a state,country or continent) I have to do something.
6) My father promised to my inlaws that he will gives some money as a gift to me during my first marriage anniversary, but as we were not here he postponed it... about this my father-in-law asked my father to give ASAP. ---- they may intentionally doing it all these due to money.
The mail I received from my father-in-law :
U deserted my son all these months
subjecting him to suffering and mental agony.U tarnished his image in
the society.Out of 3 years of ur marriage u stayed for only 10 months
with my son.Without caring for my son's love and affection for your son u
separated him from my son.U never
talked with him all these 5 months nor did u wish to join him.
Thanks.
4 Answers from Attorneys
1) File Petition for maintainence in the Family Court which should detail all the harassment and sufferings in the marriage.
Ask for child custody.
2) File police complaint under DVA against those who tortured you. Also complaint for attempt to harm you by possible wrong advice/ food. For retention of your certificates file criminal intimidation complaint.
3) Demand compensation for forced loss of job.
Mr.Sheshdhari is right.
First you can do one more thing you can file a case u/s 9 of HMA to call your husband to live in India.
Then file harassment etc.
The letter send by your father in law is a proof that you are living serpartely from the last 6 months and on this baisis, the court can grant him divorce,
Regards
You have been rightly advised already.
first you need to decide what you want out of this relationship. do you want to go back or you want to divorce him and proceed with your life with a positive attitude. your future actions in this regard would depend upon your state of mind and your emotional strength. in case you want to reconcile, your legal action should be mild enough to be retracted and incase you decided to leave him forever, you may go all out to fight for your life. you may file a complaint under domestic violence act, a petition for divorce and maintenance in that situation.
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