Legal Question in Wills and Trusts in India

Hello Sir, i am married on 14th dec 2009 and my husband is doing his MS in USA. He was about to get graduate in dec , but he is extending it until May 2011 for no reason. I am staying at my parents home and working here as my in laws are against my marriage. I wan to join my husband , but he says i cant take ur care and he is extending it for no reason...if i say him i cant wait unti lnext year and want to join him , then he uses bad words and say..dont wait or leave me ...do what u want.

I am sure his answers and decissiona re such that he dnt want me to join me in USA and giving me reasons.He says if i dnt get job then i will go for PHD which will take another 3 yrs. Sir we both are alreay 27 ..and i cant wait apart from him so long....what can i do to come back to india or let me join him there. And what if i want to divorce him....i want him to come back to india and talk to me first and take me with him...please suggest is there any way i can bring him here ...can i file a case agains him...please suggest.His parents black mail him for no reason and wants us to seprate..sir please suggest, i am in tenison months...id there nay legal way to bring him back to India.


Asked on 10/09/10, 3:50 am

2 Answers from Attorneys
Vishwa Arya Arya & Co.

You may file a petition here in India for Restitution of Conjugal rights. You may also along with that move an application seeking mandate from the court against him to come back to India and/or also to apply for your visa after giving you an affidavit of support

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Answered on 10/09/10, 4:46 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

i think there is no point going for Restitution of conjugal rights as the intention of the boy is clear that he does not want you any more. the reason may be best known to him. better talk to his parents here and file divorce by mutual consent in case the amount is amicably settled. otherwise, you may file a petition for divorce and seek maintenance/compensation but it would be hard to execute the same in US. divorce by mutual consent is the best option in your case.

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Answered on 10/09/10, 8:54 am


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