Legal Question in Family Law in India
I got married on 2014 and lived with my husband separately in abroad for about 6 months during that period my husband took well care of me, daily i will speak to my in laws during day time, to me they will speak like as they are the no.1 good in laws so i was attracted by their words, his working time is 12 hrs so i have to be all alone in a small room, daily after coming from work he will go to balcony and used to speak with his mom and 2 sisters more than 1 hr and then come back for dinner, till the moment he makes call he will behave good to me, he always used to share our photos in whats app to his sister the day he sent his photos at that night while my husband speaks to his mom( don't know what his mom and sisters will say) he will not speak to me well if i ask reason he will beat me badly and scold me in vulgar words due to pain i will go and lock the bathroom, even once i went out of the room he forcefully pinch and pulls me in, the next morning he behaves well and asks sorry for the last night behavior also applies ointment for the wound he created and this continues till 6 months.
when we came to know about my pregnancy my in law didn't speak to me over phone well( my sister in law who got married before me didn't conceive) even my husband beat me like beast due to this blood shed on mouth on that day for not letting know my in law about pregnancy( i tried before my husband but my in law didn't attend ). Due to this i threatened suicide that my husband should not speak to their family, i didnt inform this to my parents since they will get hurt as i was 3 months pregnant we came to india there my in laws fought with me so my husband left me in my home after he didnt speak with me for about 1 week so i sent sms to my in law saying that " pls allow my husband to speak with me if not i will attempt suicide" my husband sent divorce notice on my 8th month pregnancy on cruelty.
Now i have a 6 month son, since i had undergone cesarean i could not appear on court the advocate we kept has been on my husband side this we came to know lately, he gave false hearing date saying that next hearing is on 03.02.16 but while i looked on the website the judgement is on 04.02.16 so immediately through another lawyer we filed for Restitution of Conjugal Rights.
The distance of court is about 11 hrs from my native.
I don't want divorce my husband is under the control of in laws so pls help me for getting back my husband.
1 Answer from Attorneys
1) First hv u changed ur Attorney, in whom u lost confidence, settle his fees and take away the records from the previous lawyer.
2) U hv always to engage an experienced Family law expert lawyer of repute even paying good fee is worth.
3) Hv u discussed in the presence of family elders/ experienced senior citizen friends with ur husband and in-laws to reconcile the issues to restore ur matrimonial life? Take some outsiders and try for reconciliation and keep record of all such negotiations for future use.
4) Hv u filed 498a, DV cases against ur husband and in-laws? U hv stated having filed RCR.
5) Preserve all recorded conversations, SMS, fb, Whatsapp, medical records, if any as proof of physical and mental cruelty on u.
6) U may also seek transfer of ur case to the native/ home place to avoid the travel, which the court will certainly consider.
7) The divorce case where it is filed in US is not clear. The divorce filed must hv been contested by u. Wherever be it may, first RCR has to be responded.