Legal Question in Family Law in India

Sir,I filed 498a case on my husband and in-laws for their physical and mental harassement in march 2011..Recently i came to know that he left to US as he got a job offer there..as the case is recorded on him how can he go oversees..and pls let me know his limitations..can i take an action on my in-laws if so suggest me .

Can i claim maintainance and appeal to court to surrender the passport and what are the rights that i have and what are the necessary actions that i have to take to pressurise them its very urgent

Thank you.


Asked on 5/12/12, 12:31 pm

2 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP

13.05.2012

Dear Madam,

You need to amicably sort out differences with your husband and his family, rather than just run away from the situation, being guided by the wrong persons who are instigating you towards separation. It takes two hands to clap. Your husband and in-laws may be aggressive, but you too may be persistently doing acts and things they dislike. Marriage is all about adjustment and compromise for happiness. You need to seriously introspect and examine your own follies and adjust to situations and circumstances, especially post marriage.

For a girl, she has to adapt herself to change from the customs, rituals and traditions prevalent at her maternal place to those prevalent at her in-laws place. It is a transitory process and takes time to settle down.

The ultimate decision to marry was yours, unless you were forced into an arranged marriage by your parents. I strongly recommend you refrain from moving towards extremes. Causing mental trauma and discomfort to others will not benefit you in any manner whatsoever. Trying to ruin others happiness will do you no good. They will pay for their own follies, you would only be adding to your own woes and get frustrated when you become the source of causing trouble. Avoid it. Talk to your husband and in-laws and sort out matters through discussion. Always look at the positives.

If you still persist with separation, take up a job and ensure that you are financially independent, rather than simply expect maintainence from your husband, doing nothing and staying at your maternal place.

You can mail me for any further on-line advice at [email protected]

Regards,

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Answered on 5/13/12, 6:07 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You have not given complete facts. Where did you file the case - before the Police or in the court? If the case was filed with police, you may need to wait for 173 report. If you have filed the case directly in court, you may need execution of summons.

In both the situations, if he is unable to appear in court, you may insist for Non-bailable warrants. If you succeed in obtaining NBW against your husband, you may approach the US authorities for cancellation of his visa. You may also send a copy of the NBW to his employer.

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Answered on 5/19/12, 8:27 pm


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