"Seeking Advice: Divorce Proceedings and Custody Dilemma for British C

654 votes

If the behaviour of your husband is intolerable towards you can anytime send a complaint regarding your grievances in writing to the police station according to your jurisdiction. And if you wish to go legal then you can also file a petition under section 12 DV or section 125 CrPC and claim maintenance for yourself. And if there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and will ends up in a maximum of six months.

Advocate Jitender Singh LawRato

591 votes

We have a few case of such type in Indian courts as well as High Court of England and Whales, Family Division.

The jurisdiction can be Indian courts as well as the courts of England. India because you both were Indians, marriage was solemnized in India, the spouse owns properties in India. England because both of you are habitual residents and a national of that country.

As for the domestic violence, you need to support your allegations alongwith proofs, because the Indian courts will have no jurisdiction to send police to investigat there. Also if you may get any certificate from the police regarding abuse it will be of a great help alongwith medical reports.

As for your stridhan there is a specific provision in law which can direct your in laws to give your things to you. If necessary, you will be given ex parte orders and police may accompany you to your matrimonial home to get those things along with the dowry. Additionally, you also have a right to ask him for a home.

The property your spouse holds can be traced from his adhaar card and pan card if you have and we can also get it managed through third party agents to procure all data regarding his ownership.

You may also file for guardianship for your daughter and since you are unable to maintain yourself, you may seek maintenance as well.

Advocate Maaz Akhtar LawRato

767 votes

You should engage a lawyer and seek a second opinion as to what all legal remedies you can explore. What is the status of your Domestic Violence Petition. You should file a maintenance petition and also a complaint before the CAW seeking registration of FIR

Advocate Anubhav Kathuria LawRato

992 votes

We can file recovery civil suit for your belongings & stree dhan which you gave in India. But we need to arrange a person in whose favour u can release a SPA or else u need to come to india to file the case !
Kindly b in touch to discuss this matter!
Thanks

Advocate D. Khan LawRato

710 votes

you can file maintainance cases and recovery case against in laws. you can claim for same standard of life your husband is living. other criminal cases. you can file maintainance cases and recovery case against in laws. you can claim for same standard of life your husband is living. other criminal cases.

Advocate Rajesh Kumar LawRato