1) In this case you can file for a alimony and monthly maintenance for your child under section 125 of CrPC.
I got married in May 2017..My husband works in US..we both are software engineers.. I was working in a very reputed organization in Pune before marriage but my husband wanted me to work in USA after marriage so he asked me to leave my job n move to USA..so I went to USA just after 10 days of my marriage.. but after going there I came to know that I can't work in USA as my husband doesn't have proper documents n approvals for me to work there.. another issue was my mother in law n sister in law used to brainwash my husband n he started fighting n abusing me just after few days of marriage.. I was totally dependent on him in USA..so he used to take advantage of that..he forced me to go back to India when I was 2months pregnant due to his mother's influence.. somehow I gave a birth to a baby girl in India.. now my mother in law is not allowing my husband to meet me n my husband..my husband is not taking any responsibility of me or my child..he is totally influenced by my mother in law..we are staying away for almost 10 months.. I am living with my mom n sister now.. I am facing financial issues as I left my job for my husband itself..what needs to be done in such case?
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1) In this case you can file for a alimony and monthly maintenance for your child under section 125 of CrPC.
1) file DV case against husband , in laws seek protection order, right to stay in matrimonial home , maintenance from husband and compensation for mental torture undergone by you
2) you can also file petition for RCR if you want to stay with your husband
3) if you don’t want to stay with husband file for divorce on grounds of mental cruelty
4) seek maintenance from husband and sole custody of your daughter
You have to do two things together 1 you have to file a maintenance petition under section 125 CrPC in the family court for the maintenance of yourself and the daughter
2. You have to file a petition of restitution of conjugal rights for restoration of your conjugal rights.
Apart from above 2 you have to approach to your local police station and complaint against your husband mother in law and sister in law under Section 498 a IPC for the cruelty against you and Domestic Violence Act your husband will be called to reply this matter in the court
Thanks a lot for your suggestions.. can I also file something like fraud and cheating against my husband as he lied about my job in USA
Cheating case would take 10 years to be disposed of
2) false representation is one of the essential ingredients to institute the offence of cheating under Section 420 IPC. In order to bring a case for the offence of cheating, it is not merely satisfactory to prove that a false representation had been made, but it is further necessary to prove that the representation was false to the knowledge of the accused and was made in order to deceive the complainant.
See if husband has abused you and there was mental cruelty a case under domestic violence act can be filed with mahila police station further you can seek maintenance and compemsation under the Domestic violence ac further you can file petition under 125 crpc for maintenace for child.
Also a RCR can be filed if you want to give last try to marriage though filing police complaint and RCR together won't be a good idea so think and decide and accordingly you can file though maintennace can be prayed.
See if you want to take criminal action then register complaint for domestic violence , breach of trust cruelty against the husband and family in mahila police station.
you can approach court and get maintenance and compensation. You can also initiate criminal proceedings, against your husband and mother in law.
My mother in law had burned herself due to some domestic arguments with my father in law 25years back.. immediately after that my father in law has committed suicide..my MIL still has burn marks on her face n other body parts.. so this family has a criminal background already.. I gotta know about all this after marriage.. can I use this information for my case..
Both cases are different. you can file domestic violence and 498a case against your mother in law and husband and you can file petition u/s 125crpc for maintenance for you and for your children.
you can mention in your complaint that father in law committed suicide because of mother in Law constant harassment
1) Unnecessary don't involve her past problem with your current situation, kindly be specific and concentrate on your issues only.
1. The remedy in your hands is to file a complaint case under Section 12 of DV Act to seek right to residence in the shared household of your husband, claim maintenance for yourself and your daughter and also monetary compensation. Under DV ACt the magistrate can also order husband to provide alternate accommodation to wife at his expense.
2. You are also free to file a petition for dissolution of marriage on the ground of cruelty.
1. The criminal background of your husband's family does not have any nexus with your cause of action.
2. A case of fraud and cheating is not made out.
You can file:
1. DV case against your husband, mother in law and other close relatives who trouble and tortured you seeking protection, residence, maintenance and compensation for their violent activities and harassment;
2. file a maintenance case for you and your child under section 125 cr.p.c.;
3. Lodge a criminal complaint with the police for cruelties under section 498a, 503, 506 and 509 IPC besides 3 and 4 of DP act;
4. File a petition under section 9 of HMA for RCR.;
5. file a petition under section 24 of HMA seeking interim maintenance.
No such case for cheating may be maintainable.
Instead you may file the complaints/cases as suggested earlier.