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Divorce Law India And Child Custody Here

Discussion in 'Life Without Spouse' started by Samyu6, Mar 5, 2017.

  1. Samyu6

    Samyu6 New IL'ite

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    Hi ladies , I have been married from 7 years , my husband is abusing me verbally and physically , am a housewife who is staying in USA , northeast part . Yesterday he crossed his limits by hitting me very badly and started packing his passport and threatening me he will take kid and go somewhere and teach me lesson , when I scared him , if he hits me during fight I will call 91.
    Then I called one of our friend husband who is his friend , he made some story and sent him , but calm down didn't go anywhere , I can't take all these and have decided to go India , but can't take kid with me now as his passport is in renewal process , I have to wait for 4 weeks
    I anyway have booked ticket in April mid , I want to go for divorce , we have been married in India and have marriage registered . If I go divorce in India mutually , how do child custody go , he is born in USA and he is going to be 5 year soon .My husband is threatening If I go India taking kid , he will give police complaint against me , I can't take kid with me .

    How these work , can anyone please help him , who have gone through same situation , how mutual divorce goes in India and how can I take child custody here in USA
     
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  2. Sunshine04

    Sunshine04 Platinum IL'ite

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    Hugs to you op.
    First of all ,you need to get job.
    Next time, he hits you, call 911.
    His pattern of abuse will go on records.it will be easy for you to get child custody.
     
  3. KashmirFlower

    KashmirFlower IL Hall of Fame

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    may be talking to attorney helps you, in deciding with kid, may be take divorce here and you can go to india with kid. Attorney gives free consultations too first time or if if is just advice.
    Please talk to school teacher or somebody you like a school counsellor who can give some attorney contacts, you don;t need to give all details. ask child custody hep wise i need attorney advice and be clear with questions here so you can decide where to apply for divorce etc. In USA you will get more help I guess as laws take consideration of your having no job and child support and alimony is needed for you.
    In usa also mutual divorce is there, if you both can agree on assets and child custody etc stuff/
     
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  4. Sunshine04

    Sunshine04 Platinum IL'ite

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    Also you can talk to school social workers or there will be groups for abused women where you can call.
    In USA, he will never get chilf custody given his abusive nature. Talk to a attorney
     
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  5. Sangeeta85

    Sangeeta85 Gold IL'ite

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    Take the photos where he has hit you.. it will be good for evidence and also do as other ladies just suggested..have your cell with u all time..u have to call 911 dear..
    Take care dear..
     
  6. MalStrom

    MalStrom IL Hall of Fame

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    You need to consult a lawyer before taking your child to India and filing for divorce. Since your son is a US citizen it will be different laws for him. If your husband accuses you of taking a US citizen child out of the country without permission you could land in trouble. Get proper legal advice before doing anything.
    And start to document each and every incident of verbal or physical abuse. They will come in useful in a court case.
    Take care.
     
  7. shorbani

    shorbani New IL'ite

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    Please contact your local legal aid they will help you with legal advice. You stated you are in the northeast if in the NY/NJ area then there are two women's organizations, Manavi and Sakhi that work with south Asian women. They have social workers and lawyers who can help you. Manavi also has a battered women's shelter where women who are fleeing domestic violence can go and stay along with their children.
     
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  8. dia3

    dia3 Silver IL'ite

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    Please consult an attorney in ur state and it would be in your benefit to apply for divorce in US in ur state-- u wil get child support and alimony based on how much u make n ur hubby makes n other factors ..,..ur attorney wud be able to give u some estimate depending on which state u r in

    .no need to worry even if u r dependent on him for visa--ur attorney will guide u on how to handle ur visa while ur case is going on....don't let ur hubby abuse u..call cops next time ur hubby abuses u...why do u want to go to India and make ur hubby's life super easy n which he secretly desires n is acting as if he doesn't)....have seen many such cases n sissy men like ur hubby who r big time abusers n good actors as well but can't hide their true colors for long
     
    Last edited: Mar 16, 2017
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