Female NRI filing for divorce..PLEASE HELP!!!!!!!
Guest
(Querist) 10 March 2011
This query is : Resolved
Hello All!
I am a Canadian Citizen(NRI) and I got married in April 2010 in New Delhi to my husband of Indian origin. After marriage he told me that he only married me for sponsorship purposes to come to Canada. His mother, father and brother live in Canada on a point base system and I was told my husband couldn't come on a point base system because he didn't have enough points. Also, after marriage I signed the sponsorship papers and then thereafter he began to beat me alot. Everyday he was never home. He lied to me saying he was gone to work but came home late at night around 3am to 8am he would come back home VERY drunk and beat me alot. He threw a knife at me and threatened me many times. I told his parents everything because I wanted them to help me but his family supported him and were on his side. He mis-used me in many ways physically. As a NRI from Canada I had no family in Delhi and then I told my mom. A month after my mom came to took me back to Canada without my husband knowing. I am filing for a divorce in Canada and will be sending the papers to him in Delhi. My mother-in-law sold my wedding clothes and has my wedding jewelery in her Bank locker in Delhi. Can someone PLEASE help me in telling me how I can file a case against my husband and his family to get my jewelery back and get back the money I spent on the wedding, the money spent on the wedding clothes that were sold, and how I can sue him for the physical misuse and abuse he did to me????? He tortured me alot in Delhi and I was never to allowed to go outside of the house and never gave me money to spend. He even tried to poison me..please can someone help me as I want to file a case against the family and get back the money I deserve as pain and memories continue to haunt me. I really appreciate your time and hope to hear back SOON!!!!
Please email me directly at: poonam_25@hotmail.com.
Thank you and HOPE to hear back with my legal advice and legal support.
Guest
(Expert) 10 March 2011
no problem. send a complaint to the (social welfare department officer) protection officer in that area where you mother in law and hsuband residing they will file Domestic violence case against them and get your remedies quickly. alternatively you can also file a criminal complaint against your in-law family
madan kumar tiwary
(Expert) 10 March 2011
Marriage for sponsorship purpose mean a type of cheating. you can sue him and his family to get your belongings. Eeven you can file criminal case too for mental and physical torture. you inform what type of evidence you have, mean papers to claim your belongings. I have sent an email .
Legal Eagle
(Expert) 10 March 2011
This is a very sensitive issue. All the statements made by you should be able to be proved by you. I agree to what the aforesaid experts have advised.
Guest
(Expert) 10 March 2011
Dear Poonam,
If your statement is true, it is a clear case of marriage by cheating as well as atrocities on woman after marriage.
The question arises, whether at present you live in India or Canada and whether presently your husband lives in India or Canada? The jurisdiction of court of law depends upon all these things.
If you and your husband presently live in Canada, I think the laws in Canada are more stringent rather than in India about atrocities towards women.
Anyway, you may hire an advocate expert in family law and file an appropriate suit for divorce and be ready to prove your charges.
In the meanwhile, if your husband has not been able to get a visa or green card of Canada, you can also lodge an objection for grant of visa or green card, if visa already granted.
Uma parameswaran
(Expert) 10 March 2011
You can file under Domestic violence Act.
Atuliya
(Expert) 11 March 2011
I agree with Mr Dhingra that jurisdiction is an important consideration.
If you have already moved to Canada then,
you may start proceedings there for Divorce and
if, your husband has not moved with you to Canada, you could get an ex-parte order if the Court in Canada accepts your petition.
But if you are (wanting revenge) & recovery of your articles of jewelery etc. then you'll necessarily have to initiate proceedings in India.
You may complaint to CAW [Crime against Women]cell who'll investigate the matter.Or,
as Mr Ganesan has advised to the Social Service officer / Protection officer of the Police station wherever you reside [in Delhi] at the moment. It is not necessary that it has to be where the husband or mother-in-law resides.
Make an application under the Protection of Women from Domestic Violence Act 2005
and of course
Divorce on grounds of Cruelty.
You'll need to engage a "good" lawyer to get you "justice". Else, the general trend is to broker a deal.
Feel free to contact if you need any help.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 10 March 2011
