Hi My husband is an overstayer in Birmingham, UK. I am a canadian Citizen. He has Indian Nationality. We started living together on Sep 28, 2014 and have been living together since then. In between we got religious marriage by an Indian pandit. No one came to that wedding as he was short on money. I have four pictures in 2 pictures he is putting sindoor in my maang. His family is keep asking for money. and that has strained our marriage. I am pregnant now but in a financial abusive relationship. He doesn't tell me how much he earns and where he keeps money. I need compensation to take care of me and my unborn child. How do I go about it? His religion is Sikh and I am Hindu.
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1. You have married as per Hindu rites and customs wherein your said marriage has not yet been registered.
2. You are not entitle to any maintenance if you are employed and capable of maintaining yourself.
3. You can file a maintenance petition in India claiming for maintenance of your child from him.
Child is not born yet. I am pregnant and do not want to keep the child if relationship is gonna ruined. Can I register my marriage in India if it happened in UK. I can get a letter from the pandit.
file application in UK wherein you are currently residing with husband and seek maintenance for your self and unborn child
2) rely upon certificate of pundit to prove your marriage
3) also your wedding photographs
1) both you and your husband should apply for registration of your marriage before indian embassy under provisions of foreign marriages act .
2) visit the Indian embassy website for details for solemnization and registration of marriage under the foreign marriages act
if both of you are in U.K. then file domestic violence case against him in U.K. otherwise you may file a domestic violence case in India(if you are in India) and claim protection, right to residence, monetary relief, i.e. maintenance and medical expenses, and compensation as per section 18,19,20,&22 of Protection of Women From Domestic Violence Act-2005.
if there is any dowry demand then you may file a criminal complaint against them before police of court U/s 498A of IPC.
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1. Sikhs are also Hindus, as such governed by Hindu law, but in your case your remedies are only under UK law as you are a Canadian citizen and your marriage was not solemnized in India. Hindu Marriage Act would have applied to your marriage, regardless of your Canadian citizenship, had your marriage been solemnized in India.
2. The marriage cannot be registered in India under HMA if it was solemnized outside India.
1. You can claim for maintenance of your child after he/she is born.
2. You can not claim for any maintenance for you along with your unborn child since you are employed and are capable of maintaining yourself with your unborn child.
3. For registering your religious marriage, both of you shall have to affirm the affidavit before the Court in India which he may not agree to. However, with the letter issued by the Pandit/Temple, you can establish that your religious marriage has already taken place and you two are married couple.
4.You can file a divorce suit on grounds acceptable by Indian Law and claim compensation from him.
You say that your marriage took place in UK, hence you should obtain a marriage certificate as per UK laws only.
The divorce also can take place as per UK laws.
You may say that this marriage took place as per Indian traditions, but since it has taken place in UK, it is a foreign marriage in India, for which you may have to register it in India as per foreign marriages act or special marriages act in India if at all you want it to be recognized in India and for all further legal actions to b initiated on him through Indian laws.
You can file a domestic violence case in UK against him and can seek maintenance also from his as per that country's laws.
Child is not born yet. I am pregnant and do not want to keep the child if relationship is gonna ruined. Can I register my marriage in India if it happened in UK. I can get a letter from the pandit.
You can very well register your marriage in India as per the provisions of Special marriages act.
But remember that you both need to be present before the registrar to register your marriage in India and that too after observing all the formalities in this regard.