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How to get back with husband settled abroad? My passport with in law.
10-May-2023 (In Divorce Law)
What can I do if I want to go back to my husband who is out of India and settle there? My husband is settled in abroad. I had an affair before marriage but my family did not agree to it and I had to go in for an arranged marriage against my wishes. I also went abroad with him but he sent me back after asking me to be in touch with my ex boyfriend.
He kept all my gold, all documents, the salary which I had earned. My passport is also with in laws. Can I legally take an action here in India or go through the Embassy only?
Yes, you can take an action in India. You need to file a case against your husband for the payment of maintenance under Section 125 of the Code of Criminal Procedure and also for the release of your stridhan (gold, salary etc.).
The summons shall be issued to him for this matter and he shall have to appear before the Court. You are legally entitled to the stridhan as well as maintenance. In the same case, you can also pray for the release of your passport as well as your documents.
On separation, the wife has right to 'Stridhan' and all jointly-held investments where she has made some monetary contributions. Stridhan refers to the woman's personal wealth and encompasses all movable and immovable properties, gifts and everything else received by her from her parents, relatives and even from her in-laws at the time of her marriage. It can include things like cash, gift-items, jewellery, car, furniture and more.
She also has a right on all gifts received after her marriage, for instance those given to her on festivals and other functions. It is beneficial if you have records of the same, as if the ex-husband refuses to part with items that come under 'Stridhan', you can back them up with relevant bills and receipts whenever needed. If the husband refuses and it is proven beyond doubt that he is holding assets that legally belong to the wife, he is liable for criminal prosecution.
Therefore, you can easily claim the jewellery, certificates etc from your daughter's husband.
Kindly contact us for any further details and action.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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