MIL and SIL harassment in USA
Me and my husband live in San Jose, CA, USA. My in laws and my SIL visited our house last December and harassed me . Eventually they convinced my husband to divorce me and separated me and my son from my husband. I want to know how I can complaint on them as they are currently in India.
Asked in Family Law from United States
1) well if your husband files for divorce in India refuse to grant him divorce
2) contested divorce cases take around 5 years to be disposed of
3) further your husband will have to prove all allegations in petition to obtain divorce
4) you can lodge 498A / domestic violence case against husband , MI L and SiL in India for continuous acts of cruelty
5) in USA you should have lodged police complaint against them for criminal intimidation if they had harassed you .
1. You cannot complain against them as they have not violated any law. For them to convince their son to divorce you is not an offence. Your husband was at liberty to reject their wise counsel, which he did not.
2. You can file a case for child custody in India to get the custody of your son.
3. If your husband initiates divorce proceedings in India you can opt to contest it.
Don't take hesitate steps in matrimonial disputes .Filing the complaint is easy ,but healing the mind is very difficult .If you wish to live with your husband and Child please try to settle the matter amicably or washout the misunderstandings .
Filing a complaint or facing a case for divorce.
1.Domestic violence act is now commonly used and more effective best law for protection from harassment, physical torture,threat , sharing of matrimonial home, maintenance etc.file the complaint under Domestic violence act.
2. contested divorce cases on merit if it is filed in India.
I am not sure why so suddenly your husband agreed to give you divorce after visit of your in laws. 'if there is anything more then let us know.
As far as complaint is concerned you have to lodge the same in India for which your personal presence is required.
I do not think the matter is so serious and your husband must have been acting under impulse.
Talk with your husband and sort out the differences , if any. Lodging complaint against your in laws would only compound the situation.
Yes you can lodge a complaint against those people in India but since the offence is reportedly committed in US, the complaint may not be maintainable hence you should strategically file the complaint stating that despite having harassed you in US, they continued their tortures over phone from India resulting into separation of your husband from you and your child. Also you can make a complaint against your husband in US under protection of women from domestic violence act.
1. You can file a police complaint against them now. Show some acceptable reason for the delay in filing the complaint,
2. Will your husband come back to USA?
3. Does he has any property in USA?
4. If he has property in USA, you will get 50% of it in case you get divorce in USA,
5. If he does not return to USA, you can lodge a complaintt u/s498A in India and file a maintenance case.