Legal Question in Family Law in India

I have been having problems with my husband soon after my marriage. He always wants to be respected in a top manner I don't understand how. I always give him the respect I have to give him, but he is not satisfied with that. If I have to tell him anything he says I am starting an argument and leaves the house. He doesn't want me to talk anything and ask anything from him. Till today he hasn't given me anything for my expenses other than sending me to india that too with his mothers permission. To get my transcripts evaluated, I had to borrow money from my sister here because he is not willing to provide anything to me other than eating stuff. It is basically I am given food to eat that too mostly American food, and nothing beyond that. It is like I am staying in a jail without any source of communication, transportation, no finances. It is my sister who gave me this phone for my use. My husband gives me the phone connection at his will and wish. Whenever he likes, he will get it connected for his safety side otherwise gets it disconnected. I have undergone several surgeries after coming here and I always had no help for my care. Even now I had undergone a high risk hysterectomy and doctors advised me to definitely take rest for six weeks and not to lift any weight beyond eight pounds but I have no help from my husband. I have to lift my baby to take care of her. He leaves the house at 6.30 in the morning when his work starts at 9.00 am and his work place is just five minutes away from our house. He returns back home only after 10 pm. He doesn't come for lunch but accuses me of not cooking. Instead of he helping me at my recovery from surgery, he wants me to do everything for him. My baby sleeps when he leaves the home and is asleep when he returns but he accuses me that I put her to sleep and don't allow her to play with him. How can the baby be awake till 10.00 pm. He

blackmails most of the time making me scary of the American laws. He is being a sadist and verbally abuses me most of the time. Nowadays he is carrying a recorder which he says his attorney asked him to carry and record all my messages. I am not able to express my views and opinions. As soon as I start to talk he brings the recorder in front of me. He asked me to leave the house and said he wants to divorce me but he doesn't want to do it till he is financially secure. He wants to divorce me at his will for no fault of mine. He has on several occasions been hyper and tries to come over me with his huge personality shouting at the top of his voice. I had to tell him that I would call 911 (which means police people here) for my safety. He accuses me that I am trying to threaten him. It is he who always threatens me about the American laws. When asked the reason for divorce, he said disrespect for him, threatening him and lying. He spends most

of the free time talking to his mother about more than five times a day but he doesn't get time to spend with me or with our daughter. He has to take his mothers permission to do anything for us, even for buying toys for the baby he has to inform his mother. He doesn't want me to go for further studies here because his mother doesn't like it now. Whatever he does in his life and wherever he goes he definitely informs his mother and does it with her consent but me and our daughter never come in front of his eyes. If we don't listen to his mother or him they will accuse us of different things. I worked with his mother at the restaurant all the seven days when I was pregnant. They don't have courtesy even for pregnant woman. They think I should not eat if I don't work. My father-in-laws brother told me recently that my mother in law and her sons have always been like that and they don't want wives to live with them forever and they marry just for

children and then snatch away children from mothers. That is what happened to my co- sister as well who has been separated from my husbands brother for 11 months now. It seems her mother also has been accused of theft the way they accused my mother when we visited their place. My life has become a hell here spending all the time within four walls and without any source of entertainment either. I am also not able to take the sadist ways my husband shows. He has been like that to his ex-wife also and abandoned her for no reason. He did the same thing to me and my daughter when he left the house for a small argument. He left the house for one whole week where he got my phone disconnected, Internet disconnected, cable disconnected and I didn't have money to buy diapers for my daughter and I had to borrow from my friend. I am unable to live life like this with recordings and saving the conversation. I feel I don't have any liberty to do things what

I like. I have to wait on him to bring the groceries also because he doesn't want to give any money to me. Now, his plans are to take away my baby and leave me. How can I live without her.

Also, I was married to him in india on April 20 2007. He wanted to get it registered here because the spouse visa would take long time and I came here on fianc�e (k1) visa. We got it registered here after I came to US. It was registered on April 20 2008. Now he says we got married on April 20 2008 and not 2007. I don't understand their plans but I know they are trying to do something.

Kindly help me and my daughter to come out of this trap as quickly as possible. He blackmails me that he will file a complaint of blacmail if I take my daughter but the police suggested that since I am the biological mother I have the right to take my daughter. But I want to do everything legally and therefore seeking your help. Kindly help me in this problem and I shall send all the required documents. The matter which I wrote might sound silly but to bear so many accusations and creating fear in me by scaring me about the law of US and making me just stay within the four walls is becoming intolerable to me and also his sadism is what I am unable to take.

Kindly help me and let me know if you need any more information

can i bring my daughter to India permanently as she is US citizen.... she is 11months old My husband says u can not take my daughter and asking me to leave to INDIA immediately without my daughter..... pl. help me out how can i take complete custody of my child. And not sharing.... custody.


Asked on 3/10/10, 8:37 pm

1 Answer from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

(1) You can leave for India with your daughter and apply for her custody there as per Indian laws.

(2) You can file a case against him in USA under VIOLENCE AGAINST WOMEN ACT.

You may send me a draft of your proposed complaint by e-mail for further guidance.

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Answered on 3/11/10, 9:23 am


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