• Husband and in laws cheated and harassed for dowry from NRI wife

I am married for 3 years.My husband cheated on me and had extra marital affair and also demanded for dowry even after giving them. his family was supporting him for his adultery and he used to beat me also and torture me mentally and physically.its been almost a year now i am at my parents place with my 2 year old daughter. and they have not called me back or but only demanding me to sign divorce papers and give them my daughter.i want compensation for me and my daughter, what can i do to teach them a lesson. i am an NRI and my husband is an indian. At the same time i fear to come to India as they have threaten to kill me and take my daughter.
Asked 8 years ago in Family Law
Religion: Sikh

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11 Answers

1) refuse to sign the divorce papers

2) if husband files for divorce contest the divorce proceedings and seek alimony for yourself and maintenance for child

3) also seek custody of your daughter

4) if you want to teach husband a lesson file 406 498A case against him in India for continuous acts of cruelty and for dowry harassment and for return of your streedhan

Ajay Sethi
Advocate, Mumbai
97462 Answers
7880 Consultations

Once you file 498A case husband will apply for Anticipatory bail

2) court would while granting bail would impose conditions on traveling abroad

Ajay Sethi
Advocate, Mumbai
97462 Answers
7880 Consultations

1.If you stay in overseas you can initiate the case for damages and maintenance from that place but if your husband never goes out of India then such order will have implications.

2.Since your husband appears to stay India so to bring him to books only option is to file case u/s 498A, 406, 323 IPC and under Dowry Prohibition Act.

3.In 498A case the court can put restrictions on his travelling to abroad.

4.You can seek maintenance as well under PWDV ACT .

5. Do note that in all these cases you have to be physically present in India at least at the time of star of your case.

Devajyoti Barman
Advocate, Kolkata
23322 Answers
522 Consultations

1. There is no reason to even care for the threat given by him to kill you and take away your daughter. We still have rule of law in our Country however corrupt our system might be.

2.Try to collect evidence of his torture on you and demand for dowry by audio/video recording conversations in this regard.

3. After that file 498A & 406 complaint against your husband with the evidence already collected by you.

4. Also file DV case and file a petition for maintenance and alternative accommodation.

5. Finally, file a divorce suit on the ground of cruelty demanding compensation from him.

6. You can also negotiate with him for one time compensation and jointly filing MCD which will be disposed off within 6 & 1/2 months from the date of its filing.

Krishna Kishore Ganguly
Advocate, Kolkata
27512 Answers
726 Consultations

1. Mother is considered as the natural guardian of her child up to his/her 5 years of age. so, your husband can not get custody of your daughter legally in any case.

2. File the complaints/cases as suggested in my earlier post to create huge pressure on him.

3. After some time he will approach you for settlement when you can agree for the settlement against one time payment of compensation or your agreeing to sign the mutual consent divorce petition.

Krishna Kishore Ganguly
Advocate, Kolkata
27512 Answers
726 Consultations

1. File the 498A and 406 complaint and ensure that FIR is registered by police against the said complaint of yours.

2. Also add to the complaint that he is planning to escape from the clutches of law by fleeing abroad.

3. Ensure that the police seeks order from the Court to impound his passport till the ase is disposed off.

Krishna Kishore Ganguly
Advocate, Kolkata
27512 Answers
726 Consultations

i want compensation for me and my daughter, what can i do to teach them a lesson. i am an NRI and my husband is an indian. At the same time i fear to come to India as they have threaten to kill me and take my daughter.

If you were thrown out of your matrimonial home or the circumstances forced yo to get out of the house and take refuge elsewhere, you can very well claim maintenance, shelter and protection as per provisions of law including domestic violence act.

You could have filed a complaint under the provisions of prohibition of dowry act also.

All these can be possible even today provided you are in India.

You cannot process such cases staying at abroad, because for each and everything at the investigation stage you may have to be present before the police here in India which will be situation advantage to him, so decide judiciously about it.

T Kalaiselvan
Advocate, Vellore
87657 Answers
2353 Consultations

i want compensation for me and my daughter to suffice us till she is 18. can this be settled out of court. what are the other steps i can take to get my alimony so that there is no escape for them.they are denying to give anything to me and only asking back for my daughter so that they can avoid paying anything for her. is there any gov body in india or punjab which can help to look into this matter? im surviving on my own with my daughter at my home country with no support from my in laws at all.

You can file a divorce case if there are no hopes for a reunion between yo both and can claim alimony either monthly or one time settlement for you as well as yor minor daughter, provided you are not employed and dont have a gainful occupation or salaried income to sustain yourself.

You can file a maintenance case seeking maintenance for you and your daughter under section 125 cr.p.c. even without filing a divorce case.

For all these claims or cases intended to be filed against him and his family members, you may have to be present in India for effective result.

T Kalaiselvan
Advocate, Vellore
87657 Answers
2353 Consultations

how can i stop him for going overseas? i want him to be grounded till all this is not settled so that he dont run away from us.

You can file a criminal complaint against him under section 498a and 3 and 4 of DP act, which will make sure that he does not flee the country during pendency of the criminal case agaisnt him.

T Kalaiselvan
Advocate, Vellore
87657 Answers
2353 Consultations

1. You may file a FIR for dowry harassment under section 498A, 506, 406 and 323 IPC against him. If and when he applies for anticipatory bail you can contest it by filing objections.

2. You are also free to file a DV case against him to seek compensation and alternate accommodation at his expense.

3. A case for maintenance under 125 CrPC to claim maintenance for yourself and daughter can also be filed against him by you.

Ashish Davessar
Advocate, Jaipur
30780 Answers
974 Consultations

He can be stopped from going overseas only and only if the court has restrained him from leaving India while granting bail, but for that there has to be a FIR/Complaint against him.

Ashish Davessar
Advocate, Jaipur
30780 Answers
974 Consultations

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