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Husband not cohabiting nor providing maintenance.What to do?


08-Mar-2023 (In Family Law)
My husband is in USA on h1 visa.It's been one and a half year we are married.His greed for dowry and alcoholism for too much and he was torturing me in USA .i dint want to spoil his career so I dint file any case on him in USA i tolerated everything. I came back to India with my son who is 7 months old after al that we gave him a chance and asked them to solve by talking, we were waiting for him to come back sit with family and talk to sort the issues but he came to India for 5 week and dint inform us he is not taking care of me and my son nor he is talking us. I am at my parents place past from 2 months and my father is taking care of me and my son. His parents has taken all my jewelry.Can I  file a case on him and family and get him back to India?What all case can I file on him? My son is USA born so will that affect my son on custody issue ?
Answers (5)

Answer #1
744 votes
Dear madam,
Yes all relief can be availed at within limited period time and specified time , but have to contest very ethically and correctly to not make any mistake , better you may contact our office at earliest or calm for appointment to understand all the legal aspect and help your self .OFC : Adv pankaj Kumar & associate....
Answer #2
949 votes
Yes you can file a case for maintenance for yourself and your son. you can also get back your jewels from your in laws. Custody of child will always be with mother so nothing to worry about. Feel free to contact me for legal help further.
Answer #3
983 votes
If he is currently in India you must act fast. You can file a case both under the prevention of Domestic violence act and under the Hindu Marriage Act for maintenance of yourself and your son with immediate effect. you can also have the court seize his passport by filing a criminal case.
Answer #4
649 votes
Yes you can file a case in india against him for maintenance of your self and son under 125of crpc further you can also file a case for restitution of conjugal rights that is asking for the relief of ordering to husband to join you, you are free to contact for more details.
Answer #5
640 votes
hi ,
u can file suit for maintaince , suit for recoverey, u can opt for restution of Conjugal rights , as not clear on the above if any domestic violence is met



































































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