My NRI husband has deserted me and left to USA on 3 March while we were in USA he removed himself from the lease agreement saying he will book another lease in Georgia state . I belived him and few days later he called me from office saying there is an emergency in India . We flyed back to India he himself told me to go to my parents house and he will call me few days later once his grandfather recovers . Then for a month he used to tell me that doctors are giving blood thinners to his grandfather when asked about his slots he kept telling he will book the slots . Every day he used to talk to me chat with me nicely . Once day suddenly he left to USA with out informing me I got to know that he is in usa from his friends . He is not living in our aprtment he is staying with his friends my stamping has expired I cannot go back unless I have his i797 documents it’s not with me . I used to send pleading email to him . He blocked everywhere he used to take video recording and voice recording when ever we fight in USA . He says I harassed him mentaly and physically when I unnintentionaly pushed him to defend my self my nail scratch photo he has taken and he is showing that to everyone saying I physically harassed him .Please advice what I need to do I need my husband . I don’t want to divorce him . He planned everything and did this to me I completed blindly belived him and got cheated by him
1. The marriage seems to me over and your pleadings are falling in deaf hears.
2. Now being his wife you have certain rights in terms of maintenance, residence etc.
3. For these rights you can file case here in India.
4. To claim maintenance you need not file suit for divorce.
5. If you were physically or mentally tortured you can file case under section 498A IPC.
File petition for RCR under section 9 of HMA
2) seek maintenance from husband
3) also file DV case seek alternative accommodation from husband ,protection order and compensation for mental torture undergone by you
There are many things you can do against him forcing him to come to terms. But this may precipitate the dispute leading to divorce and you don’t want to divorce him. you can file criminal complaint for cruelty if you feel he committed cruelty against you. Section 41A notice will be issued to against his last known address through Indian Embassy, when his is not found LOC will be issued against him, he will be arrested as soon as he lands in India. Even a red corner notice can be issued against him by interpole. You can also file such case against his parents if they are involved even indirectly. Police will summon them and case will be booked against them. This is the only way to force him to come to you.
Hello Madam,
Just little before ago, I have gone through the contents of your post. During reading of the contents of your mail, it is transpired that your husband has hatched a pre-planned Conspiracy to deprived you from his company. It is obviously concluded that he has mala fide and dishonest intention to leave you in India for which he succeeds his pre-Plan conspiracy in calculate manner. Nevertheless, If he blocked you from all the communication, in such a situation you kindly contact with his family members before taking any actions, because some time the action taken in hurry, resulted ruin the healthy relationship between the spouse. As so far as my advice concern its best way to contact his dear and near and pass your polite messages regarding your wish and desire. Despite, all these, if he is not willing to contact you then you have no other option or remedy except to take shelter of court of law to call him to India. As you have mentioned that he has recorded every conversation as well as also recorded video clips which really a bad sign in the matrimonial life between the spouse. You also highly qualified women knew very well that by collecting evidence of personal and private moments or discussion the same is ugly sign which attract there is suspicious in relation between you and your partner.
I would further like to advice that you both sit together and resolve all the issue and differences between you and your husband with the help of relatives and friends. Because once the litigation will start both the side will use the tools of allegation and counter allegation against each other which will also harm your healthy marital life.
However, despite your best effort from all the corner even your husband not reluctant to contact you or talk to you in such a situation you have not other remedy to file appropriate cases against him in the competent court of law in india s well as Complaint in the Local Police Station wherein the jurisdiction fall.
I once again request you try to resolve all your issues and differences with the help of all your family members so that the matter can be settle amicably. Further, if he is again try to avoided all your efforts then only you have to initiate legal proceeding. It is pertinent to mention here that why i m advice you to resolve the issue amicably because you have stated in your post that you wants to live with him/husband as such I have advice you accordingly.
Thanking you.
If you needs any advice you can contact me by Kaanoon sites.
G.L.Soni Advocate
Supreme Court of India
New Delhi
File FIR against him of domestic violence and dowry demand.
- Since, you want to live with him then you can send him a legal notice to joint the matrimonial life with you and if no positive response then file a suit for Restitution of conjugal rights before the family court in India.
- Further, you can also file a complaint against him and his family members under the provision of DV Act for claiming maintenance and residential rights.
- Further, you can also lodge a complaint before the Women cell of your area against him and for lodging an FIR against him for the offence of cruelty and other grounds.
- Further, the said photo graphs and recordings are not enough to prove the case against you can he will have to prove the same with other evidence
Sir , my mother is a single parents every time we used to quarrel he calls my cousin brother or my mom . When he told me that he will call me my mom in middle of night so I took knife but I did not hurt myself I took it so that he will stop calling my mom because she lives alone if something happens to her no one is there to rescue at night so I did that. He is having all that video . Last time in 2022 we have been hospital for counselling and physiologist has given me certificate saying that I don’t have any mental illness but on the same day he took some certificate from phychiartist he has not given any certificate infront of me but my husband. Says he has given saying I have borderline disorder . But I have physiologist certificate which says I don’t have any mental illness . So please advice accordingly
just don`t bother and file complaint.
- As per Supreme Court, A spouse suffering from mental disorder cannot be the sole ground for dissolution of marriage and divorce can be granted only if the illness is of such nature that it is difficult to live together.
- Since, you have physiologist certificate which says you don't have any mental illness , hence only allegation by the husband cannot be a ground for divorce
- Further, such grounds by your husband can be considered as cruelty and a ground for lodging FIR against him.
You have certificate that you don’t have any mental illness
2) you can consult a psychiatrist and get fresh medical examination done as to whether you have any borderline disorder as alleged by your husband
3) file petition for RCR and DV case as mentioned herein above
You can take legal action against him by filing a domestic violence case seeking residence, interim maintenance and return of all your articles held by him and in order to put pressure on him you can implead his parents and other extended relatives as necessary parties because without their support he cannot indulge in such negligent attitude against you.
If necessary you can file a case for restitution of conjugal rights in the family court against him , additionally
The evidences of audio and video are not admissible as primary evidence in court of law.
He can produce these evidences only in the event of any case filed against him, but then it will be too late hence his evidence in this connection may not be maintainable because it can be seen as an after thought action.
Since you have already obtained a certificate from psychiatrist, you can secure the same to prove that are mentally fit in the event of his allegations agaisnt you in that regard
You can not work out on this marriage if your husband is adamant to bring this down.
If you have married in India then you can file restitution of lingual rights petition for seeking him back in your life
