Legal Question in Family Law in India

course of action in marital case

i married in india and left to live with my husband in US. But within a few days he showed lack of interest in the marriage and used various means of mental torture so that i would leave. finally when i was nine months pregnant i had to leave the US and delivered in india. Now my husband shows no responsibility towards the child . He has a history of annuled marriage. he is possibly looking at divorce on grounds of desertion. i was subjected to mental torture in india at my in laws place too before leaving for the US. what is the best course of action to safegaurd my and my childs interest.


Asked on 6/23/07, 8:49 am

7 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

Re: course of action in marital case

hello

good evening

pls serve a legal notice regarding mental torture and divorce and the ask for the damages you have gone through and moreover i have not received more facts so cant advise u at length.

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Answered on 6/23/07, 8:58 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: course of action in marital case

In law you have several protections available;

first of all, you are entitled for maintenance for yourself and ur child;

u are also entitled to institute criminal proceedings against ur husband in India with copy to the US authorities;

Please inform me full address of work place and residence of your husband for giving a proper advice because in USA laws vary from State to State;

also please write about legal status of your husband in USA - citizen, migrant, worker, visitor ???

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Answered on 6/26/07, 9:17 pm

Re: course of action in marital case

you may claim maintenance of yourself and children and can also claim divorce if necessity arise.

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Answered on 6/24/07, 2:49 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: course of action in marital case

you did not mention, where you staying in india. you may take the following recourse in the given facts and circumstances:

a) file a complaint in the women cell against your husband and in laws for torturing you.

b) file a divorce petition, in case you want divorce along with an application for maintenance before he files any case and in case he files any case in u.s. you may send the certified copy of your case to the u.s. courts in order to dismiss his petition.

c) you can file an application for the maintenance of your child along with yours.

d) you may even file a criminal complaint for maintenance u/s 125 of criminal procedure code.

it is advised if you can send some more details through email.

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Answered on 6/27/07, 3:06 am
G. M. Gupta gmguptaandassociates

Re: course of action in marital case

here in india u can file criminal case to put pressure on him, maintainance case to take expenses and other cases to harass him

For further advice please contact me personally alongwith documents. Consultation charges will apply

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Answered on 7/06/07, 11:06 am
kavitha balakrishnan kpp associates

Re: course of action in marital case

definitely you have a choice of going for divorce! but you can also give some more time to think about it.where are you in india or US .. the you and child will surely get maintenance.. if you want to go ahead with seperation send him a legal notice!

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Answered on 6/25/07, 1:03 am
rajeshwar sharma rajeshwarnathsharma

Re: course of action in marital case

To defend youself in the divorce case if filed by your husbsnd. You may claim life support for yoursef and your daughter from your husband.

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Answered on 6/24/07, 1:15 am


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