Dale Denwalt
Daily Elk Citian
An Indian woman is alleging that an arranged marriage turned into modern-day slavery after she moved to Elk City to live with her in-laws.
Diptiben Mistry, 24, was living in India four years ago when her father arranged for her to marry Himansu Udwadia. Himansu's father, Chandrakant Udwadia, lived in Elk City at the time.
When she got married, Mistry was a college student in India studying hotel and tourism management. She was told by Chandrakant and his wife, Nilam, that she could remain in India to finish her degree before moving to the United States with Himansu, her husband, but Chandrakant told her after the marriage that she would have to move to the United States, according to a lawsuit filed by Mistry's attorney.
'MODERN-DAY SLAVERY'
The lawsuit states that Indian culture requires that young women respect and obey their elder relatives, and in marriage they must obey her husband and his family. Divorce in that culture is highly stigmatized. Mistry's suit alleges that Chandrakant, her father-in-law, threatened her with divorce and the ensuing embarrassment for her family.
Mistry said she was forced to become a domestic servant for her husband's parents while her husband was working out of state. Her attorney wrote in the lawsuit that the Udwadias used "psychological coercion and physical violence" against her to keep her from leaving the Elk City home.
"During the period that Mistry was forced to work for Defendants, Defendants never paid Mistry. Defendants held Mistry as a virtual prisoner in their residence, restricting her access to food, depriving her of medical care, subjecting her to verbal, psychological, and physical abuse, and keeping her under constant surveillance. Defendants controlled every aspect of Mistry’s life, including when she ate, slept, and showered, stripping her of any means of independence, subjecting her to almost constant surveillance, and dictating the minutiae of her daily life," Mistry's attorney wrote. "By engaging in modern-day slavery, Defendants committed abhorrent acts condemned in all civilized countries."
CONTROLLED
Mistry lived with her in-laws in Elk City from April 3, 2007 until May 17 of the same year. During that time, while Himansu was working as an accountant in Georgia, Mistry says the Udwadias took away her personal belongings. That included her passport and jewelry. Chandrakant also took away her phone and cancelled her email account, the suit alleges.
The family also allegedly forced her to study for a bookkeeping certificate so that she could help her husband in business. This was apparently the only break she got from her daily chores. Those chores included cooking three meals a day, washing dishes, preparing for prayer by picking flowers and cleaning the pictures of the gods, sweeping, mopping, doing the laundry and taking care of the family's pet, the suit alleges.
Mistry alleges that when talking on the phone to her family in India, Chandrakant would put the phone on speaker and write down what he wanted Mistry to say.
Chandrakant also allegedly placed cameras in her bedroom and the bathroom, and would enter her bedroom unannounced. She was not allowed to lock her door, the suit states.
"Mistry suspected Chandrakant was watching her in the bathroom because he once commented to Mistry that she needed to use more soap in the shower," her attorney wrote. "Chandrakant also told Mistry that she needed to have a bowel movement after every meal, telling her that she must actually do it and not just sit on the toilet."
SURPRISE DIVORCE
In May 2007, Mistry moved to Georgia to live with her husband. Chandrakant allegedly forced Mistry to turn on a webcam so that he could monitor her every movement while her husband was at work. She also said her in-laws became verbally and physically abusive when they found out she had broken a glass and not told them about it before she threw it away. In one incident alleged in the suit, Nilam, her mother-in-law, noticed a half-full jar of beans and questioned why there were not more in the jar. When Mistry replied that her husband had not been able to take her to the grocery store that week, Chandrakant allegedly threw the jar at Mistry after telling her "not to blame everything on Himansu," the lawsuit states.
Around that time, Chandrakant again threatened Mistry with divorce from his son. When the son refused to divorce her, Chandrakant then said he would just send Mistry back to India to finish her studies. Mistry believes that Chandrakant did this to initiate divorce proceedings.
Himansu officially filed for divorce in Georgia on Aug. 1, 2007. She did not respond for fear of the Udwadias finding her, and the divorce was finalized in October of 2008.
LAWSUIT
Mistry returned to the United States and has since filed the lawsuit, which makes federal and state claims of forced labor and human trafficking. She is seeking compensation for labor, along with damages for intense physical and psychological pain and suffering.
"We are hopeful that the defendants' actions will be carefully examined by the court, and that Ms. Mistry will finally be able to hold her in-laws accountable for the harm they caused and regain control of her life," said Mistry's attorney Amy Fischer. "More broadly, this case serves as an important detriment to others wanting to take advantage, letting them know they cannot similarly mislead and induce a victim to enter this type of dehumanizing situation."
No court date has been set, and the Udwadias have not yet responded to the lawsuit.
Both of Mistry’s former in-laws are defendants. They appear to be currently living in Georgia. Himansu, her former husband, was not named in the suit.