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Gauri (HR)     18 June 2012

Nri divorce- pls help

I am married for 6 years and have been working in UK from past 5 years. I am earning same as of my husband from the day one of marriage. I have separate bank account in UK where my salary goes but my husband is controlling all the money and transferring it to the joint bank account in India.

Now the problem is I have been suffering from domestic violence from my husband from past 6 years. He verbally abuses and beats me often. Though I am educated and earning well but I have never got courage to stand up for myself because of the society pressure. Once he beated me badly and threatened to kill me so I called London police but due to lack of bruises on my body ,they have given him warning and left.

I am tired of this life and planning to divorce him, how can I file it in India as a domestic violence case ,I don’t have proof except some mails from him in which he is abusing me (we were married under hindu marriage act and still carries Indian passport)

All the money I have earned is either in bank as fixed deposit (joint bank account, husband is primary owner) or else is used to buy property in India which is in my in-laws name as there was a problem for us going back to do agreement and registration to which I opposed initially but in vain. But all the money from my UK bank account goes into Indian bank account for which I have monthly statement as proof.

I would like to ask do I have any right to claim for the FDs in bank accounts (joint holders me and my husband) and property in my in-laws name but bought from my hard earned money.

Please suggest.

 

Gauri



Learning

 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     18 June 2012

Dear Gauri, 

I would very strongly advise you to :-

1. Take a stand and stop being their cash cow/ATM Card. 

2. You have a right to file domestic violence complaints here in India as well, and also seek divorce on grounds of mental and physical cruelty. Plus you can initiate criminal proceedings against your husbands and in laws u/s 498A/406. 

3. You can seek the partition of joint assets of you and your husband at any time. 

4. If you can prove that the properties were acquired by your funds but in their names - you can stake a claim to that too - citing misuse of fiduciary relationship. 

 

Feel free to email with complete details !

revolutionary (NA)     18 June 2012

@ Bharat Chugh

      I some how miss to understand in regards to your response to the lady. Has there been any mention of Dowry seeking of any sorts that you have suggested 498a. or 498a is applicable in case of domestic violence. My understanding was there is a DV act for the same.

 

Kindly enlighten.

revolutionary (NA)     18 June 2012

@ Bharat Chugh

      I some how miss to understand in regards to your response to the lady. Has there been any mention of Dowry seeking of any sorts that you have suggested 498a. or 498a is applicable in case of domestic violence. My understanding was there is a DV act for the same.

 

Kindly enlighten.


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