Seeking advice:domestic violence

your dispute problem is not clear.

try to solve the problem amicibly if not solved then go to court but remember once you go to court the it will end only in breaking of your marriage life and your marriage life will be no more because no one want a wife you can file case or goes tocourt if a way is there and your elders can find a solution and you will reunite with your husband that is much better than any other  solution. and best for all you and for your husband also.

so try to solve and dont take any harsh decision without thinking

best luck and hope every thing will got alright

Thanking you verymuch for your advice.Several concealation talks were conducted in India.But he was reluctant.
His family members also on the same line.Not only that they are abusing me and my family members.Now they are threating
me to file divorce petition against me.The physical torture that i had undergone during my pregnancy period usa continous
for 4 hours.He pursed me for abortion and try kill me and my child.That was the main reason for his physical torture

1. Why it never occured to you while living in USA to call say # 911 or on Domestic Violence Hotline Number 1 -800-799-7233 when you were living in a domestic relationship with suspect (husband) and daily as you say he caused upon you extreme acts of domestic violence! [As you are also aware in USA once domestic violence call is made on say # 911 or on Domestic Violence Hotline Number 1-800-799-7233 and there it is a swift - immediate arrest followed by protection order from Court made available via Police to a victim at victims doorstep without you made to move pillars to post, unlike here in India where you will be made to carry your newborn from one corridor to another corridor of the Courts.]

USA procedure in domestic violence cases are very simple and straight forward which you may envy now;

Mandatory Arrest:- A police officer must arrest and take into custody a domestic violence suspect and must sign the criminal complaint against that person.

Emergent Temporary Restraining Court Orders:- Where a police officer determines that an immediate court order is necessary to protect the victim from further acts of domestic violence or the victim requests an immediate court order, the officer shall contact the designated judge by telephone, radio or other means of electronic communication.

2. What made you now choose India for relief after being in USA for 7 months?

This is the question Indian judicial prudent minds will ask you before admitting a possible case.

Yeah i agree to Tajobs post .you would have been given immediate swift reliefs over there while you were abroad had you filed a domestic violence case in USA . 

He tried to kill me and my child ... & Several conciliation talks were conducted in India ..

Arent they contradictory statements ?? Why would you want to go back to a person who tried to kill you ?? He seems to be staying alone in USA , What is the guarantee that he will not try to kill you again ? Or is there a other side of a story ?

Think again and act wisely.

I was alone there and none was there to help me and moreover i am afraid of him for the sake of my life.

I didn't even reveal the matters to my family members also

If you are so much afraid of him then you should peacefully part ways by filing Mutual consent divorce and say permanently bye to abusive relationship.

Its always better to move on and see brighter side of life rather than being in a revenge feelings.There are better things to do in life than to run around courts for years together.

We reported the issue to the parish .They did the concilation talks with my husband and family.

@victim,

If your complaint is in the nature of physical harassment received by him and / or mental harassment, you are entitled to file a complaint under Section 498-A of IPC.  If this harassment relates to demand of dowry, then also this section attracts or otherwise, even sans dowry demand, you were harassed, you can file complaint under this section.  You can file this complaint before crime against women cell in the area where you are living now.  They initiate conciliation talks between you and him and try to resolve the matter. if the matter is not resolved, at your insistence, the complaint will be translated into FIR and sent to the MM Court for criminal trial.  You take assistance of well qualified and honest advocate in your area and with his/her assistance draft the complaint.  Once, the complaint will become FIR, there will be no turning back and in most of the cases, the dispute will be resolved by way of divorce.

The scanty details you put  in your questions suggest that there is physical and mental abuse perpetrated against you.  If you do not want to take action as explained in para 1 above but to go some what milder action, then you can file Dometic Violence case.  You can file it directly before the Metropolitan Magistrate.  In this case you can get residential rights, compensation, recovery of stri-dhan, maintenance, protection orders etc. depending upon the facts of the case and reliefs you seek.

If you do not want to take up those two steps above, you can file S.125 cr.P.C. complaint for maintenance for you and the child.  This also can be directly filed before MM.

If you do not want to stay with him and want divorce, you can file divorce petition.

You decide what you want and take appropriate steps in that direction. 

Originally posted by : victim
	We reported the issue to the parish .They did the concilation talks with my husband and family.

Talking to  the parish does not help and either way it is neither legal . Decide first what exactly you want .

If you want to save your marriage / Divorce /if you need maintanence for yourself and your kid.