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Regarding 498 or domestic voilence


18-Jun-2023 (In Divorce Law)
Sir,nMe and my husband are both green card holder of USA and are indian citizen. My husband has filed divorce on me in USA. we got married around 17 years back. We have one daughter of 15 years. Since marriage, he has been torturing, harrassing, beating, abusing but i have not told him anythinig as i dont want divorce.Now cleverly in USA land, he filed USA. I dont want divorce. My mother filed a complaint on my behalf in CAW cell india and i myself also come to india to give my statement before
Answers (5)

Answer #1
955 votes
If your mother has already filed a complaint then you need to convert that complaint into the FIR under section 498a IPC. And if you don't want divorce then you should apply for the Restitution Of Conjugal Rights under section 9. Else you can also file under section 125 CrPC and claim your monthly maintenance for yourself as well as for your daughter. For more legal assistance I am just a call away.
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Advocate Jitender Singh

Adv. Jitender Singh

LawRato Delhi | 1000+ Answers
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Answer #2
856 votes
I would suggest you to file a domestic violence case under the domestic violence act against him in India and file a maintenance case for you and your daughter if she's in your custody currently. For more details you may consult me in that regard. good luck!
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Advocate Puneet Srivastava

Adv. Puneet Srivastava

LawRatoDelhi | 700+ Answers
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Answer #3
512 votes
Yes we will help you we can connect with us for more information . There is a various provision in the act of Hindu Marriage and if your husband has been torturing to you then you have filed a criminal complaint against him in concerned police station after that police officer have filed FIR against him. Thank you
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Advocate Himanshu Jain

Adv. Himanshu Jain

LawRatoDelhi | 100+ Answers
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Answer #4
925 votes
If your marriage has happened in India the divorce in USA is not applicable in India until you give your consent as per HMA. You need to hire expert advocate for your case to guide you accordingly Plz b in touch
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Advocate D. Khan

Adv. D. Khan

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Answer #5
811 votes
Hello Madam, as per the facts stated by you that your husband has filed back in USA please elaborate more on the legal issue as to what relief you seek legally in your current position after which we will be in a better position to guide you please feel free to call thanks
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Advocate Preeti Manderna

Adv. Preeti Manderna

LawRatoChandigarh | 100+ Answers
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