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anonymous11 (Engnr)     26 April 2013

Nri marriage

Hi I got married to an Australian NRI in 2011.

He used to physically abuse me, also, he and his family wanted me to get pregnant , against my consent.

I stayed there for about 6 months, and got back to India, when I couldnt bear it anymore.

when i came to India, I asked him for divorce, he refused.

My family isnt supporting me much, as they still have that orthodox fear of the society.


Now I am in a dilemma what to do. i could go back to him, and file a case against him if he does anything again, or I could file divorce from here.

I dont know what would take lesser time.

I was very weak while I was there, now feel normal. i didnt do anything against him there, as was scared . I was totally dependent on him, had no job.

I hold a Spouse Visa.

Please suggest me what should I do, Its almost an year since I am in India.
 



Learning

 3 Replies

Tajobsindia (Senior Partner )     26 April 2013

1.    As per Indian Laws not bearing child to him out of the marriage is ‘mental cruelty’ to a husband!

2.    If you want divorce then your grounds mentioned in brief as per Indian Laws are not enough they need petition writers touch-ups here and there!

3.    Acts of Domestic Violence can jolly well be reported in Australia while staying there under same roof. They do complete enquiry then and there and give justice along with State money to take care off self if un-employed unlike Indian inference where it takes ages for Complainant to seek justice.

3.1 In Australia they allow - give un-employment allowance to spouse who come on spouse visa after residing their for 2 years which off course are not enough but quite enough in brief stated circumstances. You are living from last 1 year in India and before that only 6 month syou lived in OZ [I say wish you would have continued living there for 4 more months to qualify for DHS allowances !]

4.    You can seek judicial separation under Indian Laws based on context to your brief and stay, work, live here. Judicial separation means you will remain married yet need not have to live together and off course no bedroom lights switch off activities between spouses and same (judicial separation) can be valid ground for divorce in due course of ‘limitation’ period as per our Laws.

5.    Now, having read snippets of both countries Family Laws in brief now you can very well decide yourself what you want out of your dead marriage and then act accordingly.

anonymous11 (Engnr)     26 April 2013

they wanted me to have child as soon as I got married, though before marriage we (me and husband) did discuss we will do it when I am comfortable.

 

i am an educated person, but getting job here in India ,is not easy, esp after a gap of 2 years,


I always tried things to work out while I was with him, but he , seemed really disturbed,could beat me and the next day will say that he did it as he was drunk.

 

being all alone in that country , he was the only one I was depedent upon.. N I just thought he really is sorry and wont repeat. But things got worse, even more when I start complaining . And called up my parents and told them
.

 

When parents spoke to him, he denied any such brutality, When they asked abt the marks on my body, he said he doesnt know. Said I am mentally disturbed.

 

There was a time when I started belivng that I might be hallucinating, And thats when I came back home In india, that too after lots of struggle.

 

My parents took me to several psychiatrists , and they said I am really depressed and need to get separated from husband.

 

I stayed home and recovered with time. During this, tried for mutual divorce, but he started refusing and saying I am a coward and pointed finger on my character. When my parents, for the first time defended me, he started saying false things about them as well,

 

I really dont know what to do. different people say different things, We lost a lot in this marriage, and seems he wont give any financial help . Shall I go back , stay with him, So I get a PR, and then would be easier to get divorce.

 

Or follow the normal procedure of divorce in India.? I am lot confident now to stay there, and have made some contacts in Aus.

 

anonymous11 (Engnr)     26 April 2013

Originally posted by : Need Justice

@leo gal


leo if thts ur sun sign..u need nt be a boss everywhere.

u shld have known this, when u married that it takes adjustment to make marriage work

dont do things to make ur divorce process quick and easy. if u go back, go with a genuine heart to make the marriage work 
 

 

Dear Need justice, I didnt need ur comments based on ur persnal life experience.

 

If u cud have read the entire column, u cud have come to know I tried my level best to work this marriage out. And God forbids someone raises hand to ur own daughter or sis, u will feel it.

 

Anyways, Leo isnt my sunsign, had to use a name i cudnt be identified.

And had I been Bossy, i could have stayed there, claimed my property , and by now, wud have taken the benefits.

So please Do not comment on my personality, look at urs first.

Had u been so very submissive.,, u wudnt have been the one with this Id "need justice"


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