• Divorce case

Hi,
I'm from India originally and went to UK to study masters. As my parents wanted me to get married after that they got me register at bharat matrimony and through that I met a guy here in UK itself working on a tier 2 sponsorship visa. Things were fine initially and we decided to marry. My student visa expired on 30th August 2015. We both flew to India on 28th August 2015 for our court marriage in Pune. My parents and his family friends joined us. Our court marriage was registered on 30th August in Pune. After marriage shopping with me and my mother he left for UK on 12th September 2015. We had a proper Indian social marriage on 21st December 2015 where his all family and friends joined us in my city Bhopal for a three day wedding. We flew to Pune then to Bali for honeymoon, back to Pune and then finally to UK on 8th January 2016. The problems which I faced are as follows:-
1) verbal disrespect before marriage 
2) physical abuse on honeymoon which continued the whole year 
3) expectation of money 
4) physical and emotional torture
5) threats by his sister and brother in law who are British citizens 
6) forceful abortion 
7) finally he has abandoned me and forcing to go back as my visa is expiring on 30th jan 2017. He is not willing to renew it. 

I complained to the police here in the UK when I couldn't tolerate the torture but I didn't go to the court as he would have lost his job and I also was scared because I had nobody here in this country. Still the threats and torture didn't stop. We went for counselling on one of his relative's advise as I approach them but that has not even helped. He is a lot in influence of his sister and they all are now threatening me to go back to India as they are not ready for visa renewal and hence I will have to come back. My questions are:-
1) what are my rights as his legal wife
2) what legal actions I should take in this case
3) how long will be the procedure for justice in India 
4) can I deport him to India as he his still an Indian passport holder else he will drag the case for years
5) what actions I can take against my sister in law and her husband as they are British nationals
6) he has no parents and just few relatives living in India. Can that weaken my case?
7) what evidences are required to prove domestic violence and abuse?
8) does domestic violence occurred outside India can be registered in India
9)anymore suggestions and advise looking into my case
Asked 7 years ago in Civil Law

13 answers received from multiple lawyers

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13 Answers

1. you can initiate judicial proceeding against any person, citizenship is irrelevant (section 3 IPC)

2. it does not matter that offence has committed beyond India.

3. you can file case under sec 498 A/315/323/34 IPC, under domestic violence, and petition for restitution of conjugal rights.

4. their physical presence in India is necessary because (sec 105 CRPC) summon or warrant cannot be served in UK without the help of Indian government.

5. Indian court cannot not serve summon / warrant directly on their residential address.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1. you should lodge a complaint before the Indian embassy against them.

2. record your statement before the UK court (that evidence is admissible in India)

3. it will help your case because you can easily establish your case in India without preliminary investigation.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1. Your legal rights include the right to reside in your matrimonial home and the right to be maintained by your husband. A complaint case under section 12 of Protection of Women from Domestic Violence Act can be filed by you to claim these reliefs from the competent court in India.

2. You are also free to file a petition for dissolution of marriage on the ground of cruelty.

3. The legal process in India is time consuming.

4. Your oral evidence reduced to affidavit is sufficient for the magistrate to grant you interim relief in domestic violence case.

5. Unless there is a criminal case filed against your husband in India, in pursuance of a warrant of arrest has been issued against him, he cannot be deported to India.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. The acts done by your husband is nothing but criminal in nature. If that is so I wonder why you didn't go to court in UK itself.

2. Anyway once you come to India do file case under section 498a, 406,323 etc.

3. In such cases the court may while granting bail put restrictions on traveling to UK.

4. Then file case under pwdv act claiming maintenance and damages.

5. Such cases take some time but that is good to detain your husband in India.

6. The cases you file are very much maintainable in India.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) file police complaint against your husband , sister in law , husband in UK

2) seek spousal support in UK

3)as legally wedded wife you have right to stay in your matrimonial home

4) in india you can file DV case against your husband and seek alternative accommodation , maintenance and compensation for mental torture undergone by you

5) emails exchanged with husband , chat messages , audio recording , police complaints filed will help you proving domestic violence and abuse

6) DV case can be regsitered in India if part of cause of action has arisen in India

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. You have the right to stay as his wife with him and continue to have conjugal life with him. as per Indian Law, you have no right on his properties during his lifetime.

2. You should immediately file a case against him for his assaulting and torturing you in UK You can show cause of his said assault as 'for extorting dowry'. Let it be recorded by UK Court.

3. If you return to India, you should file a 498A complaint before police for his torturing you in India and also UK showing the evidence of your lodging police complaint at UK.

4. If you file the case in UK, he might be punished and may loose his job and also be deported. In addition to that Indian court might ask him to appear before the Court in connection with your 498A case and if he fails to appear, LOC or warrant might be issued by the indian court forcing him to be deported by UK Govt. being advised by the Indian consulate of U.K.

5. You can lodge police complaint against your sister in law and her husband in U.K. since they are U.K. Citizen. Indian court has no jurisdiction to hear any complaint lodged against them.

6. Presence of greater numbers of relatives of the husband in India does not make case filed by his wife against him stronger.

7. Evidence of the acts of the domestic violence i.e. whatever is being alleged by you is required to be produced in support of your allegation. Audio/video recording of admitted offence, abuses etc. are considered as valid digital evidence by Indian court.

8. No. You shall have to allege that he did the same thing in India also in addition to what he did in UK.

9. U.K. law may beneficial for you to claim share of his property which you won't get in India. Moreover, police is more active and less corrupt there. So, lodge further police complaint and file a case against him seeking relief in UK first. after that file 498A and DV case in India when he is deported and claim maintenance from him. It might also be prudent on your part to take MCD from him after negotiating about compensation and then start your life afresh.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1) you cna visit indian embassy and seek assitance from them

2) you can contact any local NGO in UK for legal assitance

3) visit police station personally to find out what action has been taken by police on your complaint

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. If you do not have any means to plans to stay in UK for good then do not seek any help in UK.

2.Rather come to India where you can set in motion slew of legal proceedings as I have stated earlier.which are more in effect than one in UK.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

You are free anytime to return to India. There is nothing Indian Embassy or Indian Govt can do in this regard. You have to avail your remedies under the Indian legal framework before the Indian courts.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Dear Querist

My opinion on your queries are as under:

1) what are my rights as his legal wife

Opinion: Being a legal wedded wife, you have all rights provided by the law in India, as maintenance, protection, right to residence and live your life as per the status of your matrimonial home.

2) what legal actions I should take in this case

Opinion: you may file criminal cases for demanding money and forceful abortion before the police U/s 498A/406/313 of IPC. you may also file a criminal complaint under section 12 of Protection of Women from Domestic Violence Act-2005 and claim protection, right to residence, maintenance, and compensation under section 18,19,20 & 22 of the Act-2005.

even you may also file a divorce case against him before family court under section 13(1)(ia) of Hindu marriage Act-1955 based on cruelty.

3) how long will be the procedure for justice in India

Opinion: There is no time limit.

4) can I deport him to India as he his still an Indian passport holder else he will drag the case for years.

Opinion: After filing criminal cases against him when the police filed chargesheet then you may approach to passport officer who issued his passport and claim for impounding his passport under passport Act.

5) what actions I can take against my sister in law and her husband as they are British nationals.

Opinion: they all can be including under scetion 498A case.

6) he has no parents and just few relatives living in India. Can that weaken my case?

Opinion: Yes, but you should fight for your respect and justice.

7) what evidences are required to prove domestic violence and abuse?

Opinion: Police report filed by you in U.K. is sufficient.

8) does domestic violence occurred outside India can be registered in India

Opinion: Yes, it can be.

9)anymore suggestions and advise looking into my case

Fight for justice or settled the matter amicably.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1. What complaint did you lodge before the U.K. police? What was your allegation?

2. Since you are VISA for U.k. not dependent on your husband's consent, it will be right on your part not to delay much to attend the investigation to be conducted by the u.K. police based on your complaint.

3. You can certainly seek the help of Indian Embassy of U.K. for restraining your husband in torturing you and forcibly sending you back to India alone.

4. While being in India, you can lodge a complaint before the Ministry of External Affairs seeking their intervention.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. You can book him and his close relative who have tortured you under the offences of domestic violence in UK itself, the laws are very strict in that country, let him lose the job and let others go behind bars, they have to realise that they dont have rights to torture a helpless woman of their household.

2. You can consult an attorney in that country for further advise.

3. Any action in this regard that may be initiated in India may not fetch you proper or timely help, it will get dragged on unnecessarily due to various factors.

4. Deporting him may not be possible.

For question 5 to 9, you may refer to my suggestions given at no. 1 above.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

My husband booked tickets for me to India for 29th dec. I chose not to travel and wait for a clearity from him about abandoning me. Also I have filed another complaint on 29th dec and waiting for the police response. They are slow as they know I am not a British national and just have one month visa left. How and when should I return India ? Can I seek help from Indian embassy or any other Indian government overseas organisation?

You can take help and asylum in Indian embassy mentioning the atrocities and his intention to throw you out permanently and to escape the wrath of law, by submitting a written application to the Indian embassy.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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