Legal Question in Family Law in India

I was thrown out from my house in India

Hello,

My husband and I are Australian citizens living in India. We came to India to take care of my husbands aged mother for couple of years. We both are retirees and both of my daughters are married and settled.

My husband last month threw me out of my house and kept all my belongings including my Australian passport and my Indian visa papers. I don’t have any money and I am right now staying in my sister’s place for now.

All my life I have been through lot of physical abuse and cruelty. I am 61 and I cannot take it any more with my poor health.

I don’t want to go back to him. As per my sisters advised, I sent a legal notice asking for my belongings like (passport, ATM card, etc.,) through a layer. My husband is saying he will not give anything.

I am left with nothing.

I don’t know what to do. Can you help please?

-- Ninena


Asked on 10/22/05, 5:41 pm

4 Answers from Attorneys

JURIS LEGAM JURIS LEGAM

Re: I was thrown out from my house in India

You can file a civil suit for recovery of the articles/goods against your husband and as you've stated that your husband has thrown you out from "your" house so you can file also suit for possession against him.

Ypu can also take initiate criminal action gainst your husband by lodging F.I.R. or complaint to the Magistrate regarding Extortion and Crminal tresspass.

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Answered on 11/11/05, 9:33 am
www.lawconcern.com S.Seshadri www.lawconcern.com

Re: I was thrown out from my house in India

Madam,

Were you and your husband married in India or outside? was the marriage performed as per hindu rites or not? when was the marrriage solemnized? The answers to your query will depend on your answers to these questions.

At the outset, it looks like you have a fair case to get back your passport and visa immediatley. other things will take some time.

Since you are based in Chennai,you can email to us at [email protected] or walk in to our office after appointment on phone.( phone no available on req by email since we cannot give it here)

Yours faithfully,

S.Seshadri

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Answered on 10/22/05, 10:30 pm
Prabhat Shroff Shroff & Company

Re: I was thrown out from my house in India

You have not stated as to where you are at present.

In any case, you should immediately file a complaint with the local police requesting them to make enquiries and to help you get back your papers.

Simultaneously, you should also file criminal proceedings in the local court requesting the court to help you get back your papers.

Sending simply a legal notice will not suffice.

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Answered on 10/24/05, 3:30 am
Vivek Anand M/S.VIVEK ASSOCIATES

Re: I was thrown out from my house in India

You can file a police complaint, and if the police fails to take any appropriate action, then you can file a case before the Criminal Court for necessary directions.

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Answered on 10/27/05, 1:22 am


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