Legal Question in Family Law in India

I have submitted a question but have not received a proper ans as it was not read properly, Please help me. I have already filed a DV case against my husband and his parents but my husband is in the States and is avoiding the summons, Also his lawyer is trying to get his parents exempted from appearing on basis that they are old. My husband has abandoned and deserted me and my child and is working and residing in the States and is earning a good salary, he is also having an affair with his coworker. His parents have thrown me and my child from our home in India. Other than filing Domestic Violence case against him, I have also filed Restituiition of cojugal rights. He has filed a divorce in India. Please let me what is the consequence of my RCR? He is not willing to pay for the child or me and just wants to get rid of us both after 10 years of marriage during which I have been a housewife,forsaking my career for him. He is residing in the States and is fighting the divorce case by filing power of attorney. Please let me know how I can send a summons for him for he DV case and RCR case? Also how can i legally make him give me m passport and travel documents. If he wants a divorce and I dont, will the court enforce a divorce order?please help and let me know what I should do to get back my home and husband?


Asked on 10/12/10, 1:44 am

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You cannot get your husband, if he is not willing to join you. However, you may be entitled to damages, compensation, maintenance and child cusotdy.

Read more
Answered on 10/12/10, 7:21 am
Devansh Bhardwaj Devansh Bhardwaj

Ma'am what Ill suggest that ask your lawyer to get the summons served to your husband in States through the Embassy if he is not accepting your summons in normal course. Secondly he can not file a matrimonial case on the basis of giving a power of attorny in who so ever's name he wishes. You should be fighting the Divorce case vehemently and should oppose it with your tooth and nail. You should also be trying to press hard upon your RCR case forcefully, and after that leave everything upon GOD.

FOR FURTHER DISCUSSIONS IF ANY YOU CAN CONTACT ON 9415109404 OR ON [email protected]

DEVANSH BHARDWAJ

ADVOCATE

LUCKNOW

Read more
Answered on 10/12/10, 9:21 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India