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Author Topic: Problem in Marriage  (Read 959 times)

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Offline tara

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Problem in Marriage
« on: August 28, 2015, 05:03:09 AM »
Hi everyone,
                I got married in 2013 and went to U.S with my husband(as he stays in U.S).In India my In-laws started asking dowry and my parents have rejected.The very next day my husband has exposed himself that he has recorded all my conversations with my family and objected not to talk with my family.I don't have any mobile.Later my in-laws came to U.S and while they were returning back to India they took locker keys(in which i kept my jewelry in India)  from me forcefully.
 After 1 1/2 yr my brother came and took me to his home(in U.S )for vacation.Meanwhile my husband has cancelled my visa and i have to come back to India suddenly.Here my In-Laws were just extending the issues and not allowing my husband to send visa papers.
               Suddenly I have seen a legal notice in U.S local news paper that my husband has filed divorce without my concern on basis of not knowing my address.After seeing this when we asked he himself applied for withdrawal.Mediator who has fixed this marriage was dealing all this issue now and asked us to wait for 1 month and sort out in a cool manner.
But the point is my husband can again file divorce after 4 months as it will be 1 yr of separation.At that time I cannot defend myself as I am staying here in India.
My questions are:
        1. Can I take an action in India against him if he file divorce in U.S without knowing to me.
        2. Can I take an action against my In-laws as they are doing all these for dowry.They mentally tortured me daily even in U.S.I don't have any proofs.
        3. How many days it will take to bring back my husband to India if I file the case because if he files for divorce the procedures in U.S will be fast than in India.

Actually I don't want loose this relation because other than these family issues we both were nice to each other.But daily when his family involves he starts showing his aggressiveness.

Offline tara

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Re: Problem in Marriage
« Reply #1 on: August 28, 2015, 05:43:00 AM »
Hi everyone,
                I got married in 2013 and went to U.S with my husband(as he stays in U.S).In India my In-laws started asking dowry and my parents have rejected.The very next day my husband has exposed himself that he has recorded all my conversations with my family and objected not to talk with my family.I don't have any mobile.Later my in-laws came to U.S and while they were returning back to India they took locker keys(in which i kept my jewelry in India)  from me forcefully.
 After 1 1/2 yr my brother came and took me to his home(in U.S )for vacation.Meanwhile my husband has cancelled my visa and i have to come back to India suddenly.Here my In-Laws were just extending the issues and not allowing my husband to send visa papers.
               Suddenly I have seen a legal notice in U.S local news paper that my husband has filed divorce without my concern on basis of not knowing my address.After seeing this when we asked he himself applied for withdrawal.Mediator who has fixed this marriage was dealing all this issue now and asked us to wait for 1 month and sort out in a cool manner.
But the point is my husband can again file divorce after 4 months as it will be 1 yr of separation.At that time I cannot defend myself as I am staying here in India.
My questions are:
        1. Can I take an action in India against him if he file divorce in U.S without knowing to me.
        2. Can I take an action against my In-laws as they are doing all these for dowry.They mentally tortured me daily even in U.S.I don't have any proofs.
        3. How many days it will take to bring back my husband to India if I file the case because if he files for divorce the procedures in U.S will be fast than in India.

Actually I don't want loose this relation because other than these family issues we both were nice to each other.But daily when his family involves he starts showing his aggressiveness.

Offline adv.amarnath

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Re: Problem in Marriage
« Reply #2 on: August 28, 2015, 08:34:49 AM »
Answer to the query no.1
You can take action in India but not while he filed a divorce case against you. Further if your marriage was held in India and same is being registered in India ten also he has to file divorce petition here until he and you are the citizen of US.

Answer to the query no.2
You can file case against your in-laws and you need not require any prove. It will be admitted genuinely before court if you give evidence properly.

Answer to the query no.3
Once you file a case against your husband and a warrant of arrest issued, he will soon fly to India.

SUGGESTION/ ADVICE
You immediately lodge a FIR against your husband and in-laws. Make sure you must draft the complaint properly with the ingredient of Sections. Further you must file a case under Section 125 of Cr. P.C immediately claiming for your maintenance. Quantum of maintenance should be Half of his Salary. You can also pray for interim maintenance. You can also get back all your stridan like gold ornaments, etc, etc

For now, this much is enough but if you need further advice or help you can contact me. Dont forget to click on 'APPLAUD' just on left hand side of this post.

« Last Edit: August 28, 2015, 08:36:58 AM by adv.amarnath »
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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