1)you can file for divorce on grounds of mental cruelty .

2) you can also seek custody of your son

3) since your child is only 3 years old court may award you custody of the child

4)in the alternative court may award you joint custody of the child wherein child stays with you for 183 days and with father for 182 days .

5) you can also seek maintenance for the child

6) contested divorce cases take around 5 years to be disposed of

7) mutual consent divorce would take around 6 months

8) if your husband is willing both can settle down in USA away from constant interfernce of your in laws

1) you can continue to stay in same house and file for divorce

2)it is your matrimonial home and you cant be forcibly evicted from said house

Hi, you can file a petition for divorce on the ground of cruelty against your husband but in the petition for divorce the burden is cast on you to prove your case so it is better go for mutual consent divorce if your husband agreed for the same or else you have no option go for petition for divorce on the ground of cruelty.

2. Apart from the above you have the options to file a petition under domestic violence act ask for residence order and so also maintenance in order to bring the pressure on your husband you can also lodge a police complaint under section 498/A ipc for embarrassment.

Separation from each other can be defined even while both are living in the same house under the same roof but separately. Whether or not, being his wife, you have full rights to stay and live in your matrimonial house, your husband cannot awns you out of it, it can be considered as domestic violence.

For green card visa process,showing separation, you can seek for process of your visa alone. The child upto the age of 5years can very well be under your custody and after that you can seek its custody if you want to live separately from your husband.

You need to prioritize what is more important for you , getting your married life back on track or separation or getting the US visa.

a. Speak with your consultant if you can be main applicant in the Visa as your qualifications will support your independent application and your son as dependent.

b. You are already in a flat that has been rented /owned by your husband in which you are currently staying, even if you file for Divorce and maintenance, you have your rights to stay in the house you are staying in. In fact dont leave this flat, till your issues settle down.

c. The stepping stone for Divorce is domestic violence complaint. Whenever your husbands creates a scene now, call the cops and file a complaint under DV. Once done claim all the releifs under DV and Maintenance laws.

d. Do name everyone involved in your harassment in the complaint. If this complaint procedure happen befor your visa process ~ inform the consultant to make changes where ever/ whatever required.

1. What do you exactly want?

2. If you want him to appear for the visa process then you have to persuade him on your own. No court can direct him to do so.

3. You are at liberty to file for divorce on the ground of cruelty as his conduct amounts to cruelty.

4. No separation period is required to file for divorce. You have the right to stay in your matrimonial home till such time that divorce is granted by the court. Alternatively, you can file a case for domestic violence to claim separate accommodation at the expenditure of your husband.