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Vinitha (not working)     11 September 2014

Abusive husband suddenly wants to gift expensive gifts

 

I am married to my US citizen husband (Hindu marriage, registered in India) for 6 years now and there has been a strain in our marital relationship due to interference from my in-laws and demands for dowry. My husband has been very tight-fisted with money to the point of starving me at times; there have been no gifts in the past, and he has treated me shabbily as I am dependent on him financially. In the recent past, he has been paranoid that I might go back to India and file a Domestic Violence Case against him for dowry harassment and uses scare tactics like he knows people in the FBI and they can prosecute me if I were to go back to India with my two children. I am not sure why he suddenly wants me to go and splurge his money and buy something expensive like jewellery. However I do not find any change in his attitude towards me.

 

Although I have no intention of filing for a Domestic Violence Case, I would like to secure myself and avoid falling into a disadvantages position legally. If I were to go and buy jewellery or something expensive from his money are there any legal repercussions in the future in case of a Divorce? 



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 5 Replies

Tajobsindia (Senior Partner )     11 September 2014

1. It will show his care and maintaining you as his wife in backdrop of alleged starvation etc. facts that is all he can take advantage of by allowing you to splurge on his belated largesse. BTW, as per Indian system of Criminal Law any gift given by him is your stridhan !

2. Inturn suggested to show trust on such relationship instead of scheming or/and running away to India with his minors. 

3. US has excellent Domestic Act re-addresser mechanism which one can seek help from in an abusive relationship on State support system. Invest knowing more about such State support system.

4. FBI has no role unless you are found missing and intra-state wise search is requested or in event of un-natural spousal death.


Advise: Ask him to cut down watching action spy films! Get a job yourself to self support.

Vinitha (not working)     11 September 2014

Thanks for responding. Could you please clarify  if buying expensive gifts will show that he is caring and maintaining his wife against the backdrop of alleged abuse is something he can take advantage of from the law of the US courts or it is from law of the Indian courts? 

Tajobsindia (Senior Partner )     11 September 2014

1. In a US divorce, what was once called "ours" gets divided into "his" and "hers". While laws differ among various States in US at the time of Divorce. Law requires an equitable, or fair, division of property between the spouses in US is generic view in absence of name of State under which you live to give you exact quantifiable reply.


2. In the end, who gets what will most likely be the result of negotiating between spouses is what sensibly happens in the US for a simple reason the Attorney cost there is higher r/w spouse wants to save time sightseeing Courts.


3. Flip above two points and here in India the jewelry as gift is your exclusive property is what sums up our Indian criminal law (matrimonial) whether he buys it in cash or credit card or on pawn for you, here under Indian law you can safe keep it and does not affect divorce proceedings. 


4.
 Roulette all above the moment you get in touch with a mediocre petition writer here in India  all such jewelery gifts turns into ‘dowry demand’ and then he who gifted them gets under dowry demand – cruelty allegation charges inspite of backdrop of your brief and he has to prove his innocence by showing credit card – receipt statements etc. which are all very long proceedings matter. So you can rejoice better if Indian law is taken refuge by you compared to US laws to calculate if ‘gifts’ to be taken now by you are not. His gifts given to you he can only use as ‘not treating’ you badly in marital lifestyle’ pleadings purposes only but then previous long paragraph usage by your side most often nullifies his such pleading the moment Indian wife uses ‘dowry’ allegations upon her husband once come back to Indian soil and all these are not rocket science. 


Hope you have from above reply 'calculated' which way to proceed in future!
 

Parting advice: Seek yourself some meaningful employment there and side-by-side enjoy his ‘gifts’ so that your upper mind is kept busy instead of quantifying which way Law will see such belated matrimonial ‘gifts’ !


[Last reply]

Jimmy (Manager)     11 September 2014

If your husband uses these gifts to claim that he was always nice to you, if and when you file cases against him, just deny that he gave you those gifts. Tit for tat. End of story. He has proofs? No problem. From legal perspective, giving gifts are neither a defense to acts of domestic violence nor can they compound domestic violence.  "Compound" in law basically means to nullify the crime.  Simple. Very Simple.  Do not let half-baked advocates turn a simple concern into a major issue. So, enjoy your gifts and hope that he splurges more on you. Make hay while the sun shines.  


(Guest)

Hi,

I was in similar situation. Based on my experience, moving to India was my biggest mistake and your husband is doing all these because surely some trap is there. You should contact local women organization NGOs and  ask support for you silently.

If you file domestic violence in USA and able to proove then your husband will loss thousands of dollars. he has to pay your litigation fees and pay you support and child support. 

Only concern is child custody but that could be also treated.


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