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(Guest)

Divorce and child custody

My name is Vidhi. i'm a resident in Toronto, Ontario.
Currently i'm in India along with my 2 little daughters. and i'm searching for some answers for my kids better future, i am very much confused about my decision,
 
Let me tell you something about me first :
I got married in India in 2009 at registrar office.
I came to Canada in 11 Nov 2010.
I delivered 1st baby in April 2011 and 2nd baby in August 2013.
After i came in Toronto, i was all alone in the whole country , my sister in law was there but because of my husband and her fights  (they don't get along with each other) nobody was there with whom i can talk, share or nowhere to go as i was not driving and i was 5 months pregnant when i arrived. My husband was long haul truck driver.
I was getting depressed day by day in the beginning itself, I was talking to my parents in India but as you know if its day in Canada , it's night in India. I was in touch with my mother-in-law and father-in-law for  at least 2-3 times a day they are located in Connecticut, US.. But still feeling very lonely, depressed, after all all alone inside the big apartment.
I made an email account  and started contacting my old pals which includes my friends, colleagues, ex-bf (but as a friend, no such feelings) which i never told  to my husband because he is very very suspicious person.
In 2012 when i become 2nd time pregnant he was talking about when was our conception date , is he is the father of this child or not.
Slowly Slowly my bad luck after 2nd child born he caught my secret email account and he lost his trust on me, I tried to explain him but it was not working, I took swear for both our children that i didn't did any such thing whatever he was talking about like, i go outside or someone coming inside the house in the middle of night even when someone is there in our house like either he or his mother and i am f**king someone so he started putting locks on the main door  and keeping keys in his mother's room also putted camera's in the house and also started tracking the vonage number online, he also think that  i am having an affair with so many names he took for example, almost all the man apartments are on our floor, building super, accountant, even with his brother in law
I told him i swear to my little daughters that whatever you caught is all in the internet, i mean only chats i did that's it nothing else, and even in that chat if you find anything such which makes you feel that i don't love you or i said something like i don't love my husband, i hate him, i want to leave him, i miss my old bf or anything such i will do as you say but i didn't did anything such  Infact i said that in the period of almost 4 years i don't know anybody in that country with whom i can share my feelings, joy and especially sorrows. even though i contacted my old pals i never shared anything about my married life like my husband is suspicious or he is fighting or screaming or beating me that much that my blood from nose and mouth has to come out  or a bunch of hair has to come out or i have to get swelling on my face, nothing such i shared with them , what i did is tried to distract myself from my depressed mood.
His doubts took evil turn in our house he started beating me very badly everytime, he was calling me with names and even his own daughters  he said they are not his kids  and started calling names to his own children, he was screaming almost every day, 3-4 times neighbours complained  building security but he is still the same.
he and his parents took all my jewellery, my all documents which includes my Indian Id's and my Canadian PR Card , passport, bank accounts details , they banned for me going outside alone even for garbage throwing i was not going alone, no talks outside, not allowed using phone, laptop, even he stopped me talking to my own parents, whenever i was calling them after couple of seconds he want me to hang up, he was yelling and screaming, calling names to my parents, he called me i am cock sucking f**king hore and even to his own kids he said they are also hore and f**king b*st*rds, he called my father pimp and  so much with i cant write. i gave him polygraph test  which proves that i didn't had any kind of s*x relation even a touch from any man other than my husband since we got married and i passed that test for couple of hours he was ok but again he started the same thing. 
My parents and brother somehow handled and managed the cost of 4 tickets including my husband, mine, and my 2 daughters for India  because he was not ready to sent me and my kids to india , and he created a lot many problems for me to grant permission for india first he said the resp money we will use for tickets i withdraw that money then as his mother told him he spent all his money to all household expenses and building maintenance, later he blamed me that i spent all this money and now he cannot send, then my father told his father that your son is telling me take this garbage from here or else i will throw her out from the 20th floor balcony which he tried doing it once.
My father told his father i am arranging tickets for my daughter and my grand daughters plz cooperate to get the childrens visa's done and get them the travel shots i will send the tickets for the same day or next day as soon as they get their visa's done.i applied for childrens visa but before applying he and his parents kept condition that you have to sign one declaration which states that you are going one for particular period and you will be back with kids and you will not take any legal action  and there is no physical and verbal abuse between me and my husband since we got married and in the course of time if i didn't returned then i am giving my husband a legal right to take the kids with him and he will be the sole custodial parent for both the kids. As soon as i read this last point i argued with him and tore that page in  the lawyers office itself as it was a draft but i asked him to change this and somehow with the grace of god he removed this sole custodial point from the declaration and he also added that all my belongings , my possession which belongs to me is with me . i just wanted to leave from that house along with my kids safely so i did everything whatever he said, 
When the kids passport came with visa he said i will also come along with you and tell your father to send my tickets also otherwise i will not allow you   guys to leave this house, my father somehow managed., because over there my parents were more and more worried about me and my kids as my father is a heart patient and my mother has blood pressure problem.He also threaten my father on phone that he, my husband will go to his my father's house and show him.
So we are here now in my parents house as soon as we reached first 4 days he fought with me and my parents and was asking my father so what do you decide about the kids. My father asked him some time so that he can talk to me and after that my husband left all three of us me, and my both daughters to my parents house and said he is going to delhi and also took my passport and my daughters passport. along with him,
He also took both childrens SIN card and health card and gave it to his mother or is with him right now i don't know, he also pretends that he lost my PR Card while we were in mumbai airport so right now  i don't have anything or any supporting document for me and my kids, except passport xerox copies and travel document which he have it to me in canada for kids and kids immunization card and their original birth certificates which somehow i manged to bring.
He  didn't allowed me to take all my jewellery , and he kept half of my jewellery in canada in our house where currently his parents are staying.
My in-laws with the grace of god believes this that i am not a hore and i didnt had any relationship with any other man but right now they are also upset from me because i started back answering them. I am so fed up, tired, can't even take breath in this house, whole day my mother in law is telling me to do household chores, from past 1 and half years i was almost away from my kids as she was sitting whole day and i was doing only some part of work for my kids like a maid not like a mother so i was frustrated and verbal fights starts between me and my mother in law in which she was sreaming more and more even though its his sos fault and they both were beating me and snatching kids from my hands all the time.
My 3 years old daughter can speak and say everything whatever she saw or heard in that house and also learned bad words from her father which she stopped after she came to his nana-nani ( grand-parents) house .
 
 
 
I need one small help actually a big help from you if you can give me some information about child custody.
Me and my husband got married in India..
He didn't allowed me to file my citizenship yet as he was having all my documents which even i agreed that until you won't trust me i will not file my citizenship but now i don't care abt my citizenship.
My both kids born in Canada so they are citizens.
I don't have my passport and pr card with me right now.
I don't have my children passport and their sin card or health card with me as he took it along with him.
We  reached in India on 22nd August and he left us on 25th August and till now  he didn't contacted me nor he gave me a single rupee or dollar which i can spent or buy anything for my kids, 
 
Just wandering in this situation what should i do.
Let me tell you my Intention - I want divorce from from him and i want to file divorce in India as we got married in India and i want both kids custody that is sole custody , i don't want to go back neither my 3 year daughter wants to go back she  don't like her father, her grand parents,  and her condition is such that she is very happy here but if you ask her about what happened in that house she will tell you everything.
 
PLEASE MAM HELP  ME GUIDE ME HOW CAN I LEAVE THAT EVIL MAN AND TAKE MY KIDS FROM HIM AND WHAT ARE MY OPTIONS.
IF YOU WANT I WILL ALSO ARRANGE YOUR CONSULTING FEES.
 
BUT PLEASE HELP!
 
Regards,
Vidhi Kanuga.


Learning

 1 Replies

DigiLawyer   08 August 2024

I'm sorry to hear about the difficult situation you're facing.  Please note that it is important to consult with a lawyer who specializes in family law in India for personalized advice based on your specific circumstances.

Based on the information you've provided, here are some key points to consider:

Divorce Proceedings: Since you got married in India, you have the option to file for divorce in India.

Child Custody: In India, child custody is determined by the best interests of the child.

Documentation: It is crucial to gather all the necessary documents to support your case, such as birth certificates, marriage certificates, evidence of abuse, and any other relevant documents.

Financial Support: As a parent, your husband has a legal obligation to provide financial support for the upbringing and well-being of your children.

 

I understand that this is a challenging time for you, and I encourage you to seek legal assistance from Digilawyer to protect your rights and the well-being of your children.

Team Digilawyer


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