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Priya (Associate)     12 August 2015

Divorce notice while in abroad

Hi, I am into abusive marriage for 4 years and have 2 daughters from this marriage. Am living with my mom now separately since i cant bare hia verbal and physical abuse. He never spent singla paisa for family and right after marriage i am taking care. His mom tortured me saying she s gonna arrange second marriage for him.now am away from india because of my work and it will take time to go back to india. He has sent me divorce notice and my mom didnt receive it. She informed that am not in that address now. 1. What he will do next. Can he take advantage of this situation since am away from india. 2. My kida are with my mom. He never showed any interest to kids but still am afraid that he may seize kids since am not there. 3. I am financially not stable so i cant leave this job.I cant go back to india now. 4. Will my kids get any compensation from him. He owns lot property but since he moving legally he may change all his property into some others name. Could anyone show some lights on this..


Learning

 7 Replies

Nitin (marketting manager)     12 August 2015

Why you cant go back to India??

did any one warn you not to enter india??

if you want your kids then you have to go back to India,you cant say stories here,go back to India and take care of kids, he will give maintanance and court will grant him visiting rights,

There are Jobs in India also.

unless you go and stay with your kids there is nothing that can be done.

Rgds,

Nitin.

Nitin (marketting manager)     12 August 2015

you dont go back to India,you kids will be handed over to their father.

 

Rgds,

Nitin.

Priya (Associate)     12 August 2015

@Nitin.. Thanks for your reply.. My financial position is not that good to leave this job and search some other job in india. If i stay here for 6 months, i will have some savings and then i can look for jobs over there and can live peacefully with kid. Regarding maintanence and court expenses, until I get something from him I have to manage with my salary only. Please understand i dont want to tell any stories here. As a mom living away from kids s pain. Since i have financial burden, i am here. If i go back now, i will lose my career also.

Priya (Associate)     12 August 2015

Anyone please tell me how to save kids from him. I am sure that he is not interested to take care of them but just to threaten me he may take away the kids from me.

ANAMIKA VICHARE (LAWYER)     12 August 2015

Your mother has refused the summon.   as per amended Civil Procedure Code, a female adult maember cannot be seved upon on behalf of the litigant party.    it is not valid service.   Therefore, the summons will come to you if they know yr address in foreign country or they might publish it in the newspaper and thrn go for ex-parte proceedings and take divorce.    It is better thatyou appoint some lawyer nad file interim application uu/s24 of Hindu Marriage act for mainteannace of your children and file written staement and counter claim...YOu need not come to INdia...your lawyer can prepare it according to yr instructions and you may sign it and send it to yr lawyer who will file and your affirmation can be done thru video conferencing...

 

Further queries commn strictly thru my Facebok a/c

Anamika Vichare e[eNw York city picture]

emails will not berespnded

 

Prasad (Systems Engineer)     12 August 2015


Priya... 

 

You asked "Anyone please tell me how to save kids from him."

 

You are asking to save your kids as though a terrorist is going to kidnap them.

 

Your husband is the beloved father of your daughters. Right?


To break your mariage and the good life of your daughters, file a DomesticViolence case on your husband and ask huge maintenance amount from him.


But stop. There is more before consiering a legal option.


As a mother, you have done the most cruel injustice to your daughters.


You are able to adjust to your husband's cruelty from the day of marriage till you had 2 daughters.


Then suddenly you were unable to bear his verbal and physical abuse.


So, you went to your mother's house but separated your daughters from their father.


Your husband is very much here and want to take his daughters.


But, you ran abroad to earn money leaving them back without you as well your husband.


How can you leave you daughters alone without their parents?

 

What if your daughter is subjected to child abuse taking advantage of the absence of both you and your husband?

 

Your mother is an older woman. She cannot take care of your daughter well.


How cruel mother you are?


It is abosulte birthright of a child to grow with both of its parents.


It is absolute atrocity on the part of the mother to separate her kids from their father.


I wish your daughters file "Domestic Violence" case on you. But they cannot.

 

Your main intention comes out in your last question. 


"He owns lot property". 

 

If you are earning for your daughters, 


If you do not want to live with the absuive husband,


If you will not let your husband see his beloved daughters,


then why do you want his money and property?


Is money the life?


Why don't you demonstrate dignity of a woman and take care of your children yourselves.

 

If you love your daughters, 


If you realize that your husband can be the only man to safeguard your daughters,

 

If you have some trust and love left on the father of your daughters,


talk to your husband and live with him for the great life of your daughters.

 

At this age, you need your parents but your daughters are deprived of their father?

 


Else, you stay separated from your husband till the time you both can go off your egos.

 

But make sure your husband has absolute access to your daughters.

 


Remember, you cannot believe no other man in this world except your husband, to safeguard your daughters.

 


Now coming to legal option to break your mariage into pieces and torn the good life of your daughters,  file a DV case on your husband and/or file sec 24 and ask huge maintenance amount from him.

 

If you deny their father to your daughters, they will never forgive you when they grow up.

 

 

Priya (Associate)     12 August 2015

@Anamika.. Thanks for your reply @Prasad.. Thanks for your reply. I have to explain something here. If he s good father to them then I cud have survived in this marriage. But he is not. He never concerned about his own kids and never took any care. When kid is admitted in hospital he didnt even come to see. Whenever he gets angry on me he used to beat them as well. He never been good father to them. Nowalso he may take kids to threaten me not to be with them. Kids are more safe with my mom compared to being with him. I don't have father from my childhood. I swear I didnt want to give the same pain to my kids. But finally decided that being without father is far better than being with bad father. And I was kind of on and off in his home.when the fight happens he will force me to go out of the house. There were days when myself and kids spent entire night outside the home and went to my mom home in the morning which is 30 mins away by bus. After 10 days i have to plead him to enter into his house. It was happening like this for last 4 years. I came here for 6 months assingnment hoping that it will solve my financial issues. I am feeling bd for leaving the kids but i dont have option since i have to pay and close my loans. Regarding property, i want him to settle for kids future. I dont want to leave him that easily. Is it that after marriage, and having 2 kids, man who torture his wife will get divorce without spending single paisa and will enjoy himself or with another woman and myself and kids have to suffer all our life. He should pay for what he did to myself and kids.

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