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saveme   19 April 2015

Need immediate advice

I am working in an IT Firm.
 
I got Married to  a Person working in IT on August 2012. I have been ill-treated by my husband and my MIL since then.
 
  Ours was an arranged Marriage. When we got married he was working as an Software engineer. After marriage he lost his job within 2 months and started to depend financially on my income.Also started extorting all the savings I had. Since I was conceived then, I started falling into his trap and this did not stop with me, he also continued to bother my parents.This created problem between us and he left me alone at our house (in Chennai) and went to his parents home  in another state without any information. My Parents took control over the situation and brought me to their home in the month of November,2012
 
Then he traveled abroad to a neighbouring country in the month of Dec,2012 for a time period of 3 months. He lost his job there again and I had to book the return tickets for him and we again stayed together till my child birth(he was jobless in this period and I have to take care of the expenses with my income). Within this period, I gave birth to a child (baby Boy) in May 2013 and he and his family misbehaved by physically abusing me in the hospital. After this incident, we never stayed until March,2014.
 
      In March 2014, I lodged a complaint on him in CSR Police station,Chennai for not taking me back to my marital home. In the complaint I stated that he is not taking any responsibility of me and my Child and he started torturing me and my parents by unnecessary phone calls with verbal abuses and also abuse through messages. In the Police station, they sent us to a counseling to  go on with our married life.
 
         After the counselling, we lived together for 2 months and even in that 2 months, I did not live a peaceful life. He started abusing me physically and verbally more than before. He used me only for my income and for his financial needs.
 
         Through my company, I got an opportunity to travel abroad(US) for one of my projects. He was the person who pushed me to travel with the kid and assured me that he would join in couple of weeks through his company. As soon as I reached US, He told me that he left the job and searching for another job.Since then I am taking care of my Kid. Emotionally and financially there is no one to support us. He never even had taken any responsibility or worried about our well being here. He used to just call me and bug for some of his financial needs.
 
          After this now he has forced me to pay for his H1B  applied through the consultant by calling my managers here in US from India and defaming on my official front. In spite of paying for his H1B(for which will come to know the results), he again reached out to my higher HR managers in India to send me back or to let him know my return date or to process his H4 visa from my company
 
Right now am not sure how to stop him reaching out to my office, also since he is jobless again he is troubling me to file his H4 visa, when i dint attend his calls he is trying to reach out to all my family and office folks to enquire about me.. He is trying to degrade my self respect among my relatives, friends circles and even in the official front which  in turn disturbs my mental peace. 
 
Kindly provide some guidance on how to deal with this current situation and any legal advice i can seek to save myself, My career and my kid from this.
 


Learning

 6 Replies

498avictimaustralia (Student)     19 April 2015

From the whole story, if all are true, I believe you won't have a peaceful life with him. Better apply for divorce on cruelty or negotiate for MCD and settle this amicably.

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     19 April 2015

Sir,, See mam you still think you want to continue this marriage? Because seeing his conduct and all I think he is not going to change and he has taken you for granted.... If you really want to teach him a lesson register a complaint against him and also file DV case and take divorce ... Warm Regards Kapil Chandna Adv 9899011450

saravanan s (legal advisor)     19 April 2015

try to convince him for mcd but i suppose the chances will be slim.if so go for divorce u/s 13 hma on  grounds of cruelty

saveme   20 April 2015

Thanks all for your valuable advice.

Is there a possibility than I can do(MCD or Divorce on grounds of creulity all this from here (US) since i dont want go back to India right now?

saravanan s (legal advisor)     29 April 2015

poa cant be given for mcd. The couple got to appear personally before the court at the time of giving petition as well as first and second motion

SuperHero (Manager)     30 April 2015

Think about the Kid’s future once.

As others have mentioned you have to file the case under cruelty or if both of you agree for MCD.

Then it is a cake walk.

Even for MCD both has to attend the court at least once I guess. Now once you step into Court proceedings then the marriage is irretrievably broken. Also he may demand for alimony since he has no job and you are earning in USA.

What are your Future plans? Can you manage yourself all your life?

 

Do you want to get married again?


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