seekingadvice (Home) 11 May 2013

Seeking divorce advice for nri with child

Hi,

I am a working NRI mom living outside of India with my husband of Indian nationality and my 2 yr old son who was born abroad and holds foreign nationaltiy like me. We have been married for 2 years, where our wedding was solemised in India. Since past few months we have had bitter arguments where my husband is extremely abusive verbally, has hit me twice and is an alcoholic. He uses foul language towards me and my family and threatens to harm us before he leaves here to go back to India. I am afraid all these fights will affect my son as he gets very afraid when he sees us arguing. He has said that he will file for divorce in India and take my son away from me. He family is wealthy and so he has not worked because of that. While living abroad with me here he has still not worked either, where our plan was that he will try and start his career here. But, he said that he does not want to work as I am an uncaring mother and he needs to look after the child, he said he will use while completing the divorce proceedings. I do everything here from my daily chores to working to looking after my son when I am back from work.

I would be obliged if I could be adviced of sound decision, that can my husband take my son away from me? I love my son dearly and cannot even think of loosing him.

Your advice is much appreciated.

Thank You

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2 Replies

ajay sethi (lawyer) 11 May 2013

1) if your husband has physically assaulted you it is advisable for you to file police complaint against him . if as reuslt of physical assault you have suffered any injuries mention the same in police complaint filed by you .

2) it is also avdisable for you to suggest to your husband that they visit a marriage counsellor to resolve the marital disputes as it is having an unhealthy impact on your son . before the counsellor do mention that his drinking habits are main cause of all your problems .

3) since your husband is an alcholic it is better he undergoes medical treatment for said problem .

4) keep a copy of police complaint if any filed by you , report of marriage counsellor .

5) your husband has fore warned you that he wants to file for divorce in india on grounds of cruelty . gather allevidences that you have against him and keep it handy for fighting divorce battle .

6) you cna suggest that since your husband does not want to stay with you it is better to obtain divorce by mutual consent . .

7) as far as custody of son is concerned the welfare of child is paramount consideration . it would not be easy for an unemployed , alcholic , absuibe husband to get custody of child if you play your cards right .

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seekingadvice (Home) 12 May 2013

Thank you very much for your advise. I will try my best to get all the records and find a good marriage counsellor for us to try and resolve the fights.I do love him a lot, but asI have explained the fighting is having a negative impact on my son.

Of course Finance is an important part in this for me. All my savings have gone paying bills and looking after our family. Can I please ask that if my husband does file a divorce plea in Indian courts in next few months, can I refuse from here that I do not want a divorce? I do not want to go through all of this at this moment as I am the sole earner for the family and would not have the money to travel and fight for a case as I will have to appoint a good lawyer in India. My husband's family has a lot of money & they will support their son and provide him the money needed to divorce me and take my son away from me.

Thanks once again.