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Non maintenance by husband on account of mental cruelity
11-May-2023 (In Family Law)
I am a Hindu married for 7 years and have 3 year old son. Due to ongoing differences , physical and verbal abuse between us, my husband asked me to leave the house and stay with my parents (1.5 year ago). So, I (with my son) moved to my parents house.
From last 3 months ,against the will of my husband, I moved back to his house( rented) . But when I entered the house, he left the house. ( it's clear that He does not want to live with me.) He is not even paying maintenance for me and son from 1.5 years despite repeated reminders.
I come to know from his office that he had applied for H1b visa in US, and is planning to shift there permanently.
(Pls Note- he has one sided, provoked recordings which can proof mental cruelity on him, Â but I don't have ).
1. What should be my course of action if he moved to USA, without giving divorce to me?Â
2. Should I initiate the case first, on account of non maintenance of me and my son.
3. Do recordings reduces financial obligations towards family.
You can initiate Divorce and Maintenance proceedings against him independent of whether he's here or left the country...Once these Petitions are filed interim applications for maintenance can be filed....recordings are matter of evidence the stage of which comes much later and the same would not have much bearing while passing the interim maintenance application
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Adv. Sunita Bafna
Mumbai | 50+ Answers
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Dear queriest, as per your query you have mentioned about the fact that your husband as due to some differences and physical abuse you left the matrimonial home one year back and now again you are staying with him again with your son and now he has applied for US visa and is running from his responsibilities towards you and your son therefore it is suggested that you better file a case for maintenance before he leaves for us.
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Adv. Dhananjay Ravikant Gangawane
Pune | 1000+ Answers
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Hi
In this case you have to immediately move to family court for divorce and maintenance
You can also claim residential right, maintenance, medical expenses, educational and day care expenses and other necessary expenses and rights.
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Adv. Rohit Shaligram
Pune | 5+ 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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