My NRI husband is not taking care of me n my son
Me and my husband are married for 6.5 years and we have a 4 year old kid who is of USA citizen. 6 months back I came to India with my son on vacation. My husband is on h1b and I was on h4 visa. I worked in USA for few months after getting h4 ead. Now he is not processing my h4 visa.
Before coming to India, when I was in USA, I wrote power of attorney to him for personal reasons. He transferred all my money using the poa.
When I went to my in laws home seeking their help, they were so rude and asking me extra dowry of 25 lakhs.
Now I am feeling helpless and I want to file case on my husband and inlaws as well.
Which is the best case that I can file as he is not living in India. Is it domestic violence or right to share or maintanance.
I want to live with my husband again.
Asked in Family Law from Hyderabad, Telangana
If you want to live with your husband then legal action should not be initiate because due to filing legal case against him and his family for dowry demand and domestic violence then it may be possible then due to ego he may not allow to you to live with him and file for divorce.
it will be better to take the help of counselor, relatives, elders of society or family members.
if you want to take legal action then you may file a domestic violence case against him and his family before the magistrate court and claim protection, right to residence, maintenance for yourself and the child, child custody & compensation as per section 18,19,20,21 & 22 of Protection of Women from Domestic Violence Act-2005.
you may file a criminal complaint against them for demanding dowry under section 498A of IPC.
you may file a maintenance case against him before the family court U/s 125 of Cr.P.C. and claim maintenance for yourself and for the child.
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Advocate, New Delhi
You can file a case for dowry harassment and demand against your in-laws under section 498A and 3 and 4 of Dowry prohibition Act. This apart, you can also sue your husband for maintenance and right to residence under section 125 CrPC and Protection of Women from domestic violence Act, 2005. The summons can be served on him through the Indian Embassy in US.
1) file application under section 125 Cr Pc and seek maintenance for your self and child
2) revoke POA executed by you in favour of husband
3) also file 498A case against husband and in laws for continuous acts of cruelty
4) you can file DV case against husband and seek maintenance, compensation for mental torture undergone by you , and alternative accommodation
BE STRONG - AN GET ON IT HEAD ON
a. go back to your matrimonial home .i.e the place where you inlaws stays - gate crash and enter the house if they resist call 100 and call the cops.
b. as your husband is not here it may be difficult to prove that there was any dowry demand, however you can file a complaint against your inlaws for dowry demand and harassment. - it would be good that you start this procedure to create good cause of action from your matrimonial home only.
c. Subject to the content of the Power of attorney if the money has been transferred you can not call it a cheating as its you who gave the attorney......
d. As your son is a US citizen - and you are here in India - try getting an independent visa yourself if possible as it would be very easy to charge your husband in US as per US laws.
e. If you want to live with you husband again DONT THINK LEGAL - any legal step is end of everything - It will bring sourness in relationships.....try getting visa an go to your husband......DO NOT FILE case for Restitution of Conjugal rights here in India if any lawyer suggests you - you will end up with nothing......as your husband will not respond.
Best of luck ...Stay Blessed..
1. You file a 498A complaint against your husband and also inlaws citing their rude behaviour and demanding Rs.25 lakhs towards dowry.
2. After that file a DV case alleging domestic violence claiming maintenance from your husband.
3. The Court can force your husband to pay you the maintenance, punish him for harassing you but no Court can force your husband to live with you which you shall have to settle with your husband amicably.
You can file a domestic violence case agaisnt your in laws,husband seeking protection, maintenance, residential rights, compensation for the cruelties they meted out.
In addition you can lodge a criminal complaint agaisnt your in laws for demanding dowry.
You can file a maintenance case against your husband and send the summons to his office address at US.
You can also send him a legal notice to provide you residence and maintenance amount for your sustenance as well as to take care of the child and its medical and other requirements.