I am a working women pursuing my PhD in hyderbad and got married to a guy in warangal who was working in dubai. he agreed to stay with me and he would do job in hyderabad till i complete my PhD @ hyderabad however after marriage everything changed and now my in laws demanded for dowry which i already gave amount of 10lakhs cheques and land they still didnt allow me to talk to my parents or go to parents house eventhough staying in same city weekends we stayed at inlaws. As said he stayed with me for 6months after which i went on maternity to my parents house. then they took my certificates and laptop and asked for 50k only then they would give to continue my study i complained to police as they gave counselling to surrendered my things so i didnt file and case and then i stayed 3months with my husband vacated room in hyd and stayed in a rented house away from inlaws in warangal and now i finished my maternity leaves and need to join office but now my husband asking to leave job or stay alone in hyd and he is not communicating with me on phone or emails. i joined office and staying alone with my kid @ hyd. .....Now my question comes whether living away from husband for atleast 3years leads to divorce?? ...... is there any section i can file so my husband stay along with me? .....can you please suggest me what would be future circumstances if he does not meet me or talk to me and dont care my kid? ......will this affect in the court of law as i am staying away from inlaws place for my study ??? now i confused whether he is staying with inlaws or left India as my inlaws were forcing to go dubai what action can i take to stop him leaving India without intimation???
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1) you can file petition for restitution of conjugal right sunder section 9 of HMA
2) you can file application under section 125 Cr pc and seek maintenance for your kid
3) file complaint under section 498A , 406 of IPC for dowry harassment and return of your streedhan
4) if you file 498A case husband court while granting bail will impose conditions on his travel abroad
1.There is no ground for automatic divorce though desertion is a ground for divorce.Desertion does not however include staying separate from husband. It is like abandoning a spouse by another.
2. You can file suit for restitution of conjugal rights which would save you from the allegations of desertion.
3. You can do nothing if he deserts you. However you can seek maintenance from him for the child.
4.You can not stop him form leaving any city or the country.
Thanks for the suggestions. I took an advocate suggestion and kept voice records and call records of in-laws of all conversations asking for extra money from in-laws and also conversation of my husband agreed to study and searched room along with me and paid rent in hyderabad. but advocate said to keep in touch with him regularly so that no desertion will be however problem is he is not contacting since one week. do i need to wait sometime and file sec 9? or will these conversations recorded can defend me if my husband pose divorce case??
1) call recordings are admissible in evidence
2) wait for month and then file RCR
Now my question comes whether living away from husband for atleast 3years leads to divorce??
He may file a divorce case on the grounds of desertion but you can always challenge his allegation stating that you are always ready and willing to live with him whereas it is he who intentionally stays separately.
...... is there any section i can file so my husband stay along with me?
You can file a petition before family court under section 9 of Hindu Marriage act for this purpose. This is seeking the relief of restitution of your conjugal rights from your husband through court of law.
.....can you please suggest me what would be future circumstances if he does not meet me or talk to me and dont care my kid?
As per law he is bound to take care of you and your child, he cannot deny that, if he does, you can approach court with proper petition as per provisions of law.
......will this affect in the court of law as i am staying away from inlaws place for my study ???
It is not necessary that you have stay in your in laws house forcibly tolerating their tortures, and this will not constitute the ingredient for separation.
now i confused whether he is staying with inlaws or left India as my inlaws were forcing to go dubai
what action can i take to stop him leaving India without intimation???
You cannot stop him from travelling abroad, but you can file a criminal complaint under section 498a and dowry prohibition act by which he can be restricted from travelling abroad by a criminal court.
do i need to wait sometime and file sec 9? or will these conversations recorded can defend me if my husband pose divorce case??
The audio recorded evidences are not admissible in court of law, however your efforts to rejoin him including filing a petition under section 9 HMA would enlighten your intention to live with him and continue the married life.
This would enable the court to dismiss his divorce petition if he files one.