Domestic violence on nri husband fled to india

Hi Veena,

Most of the issues you mentioned cannot be tried as jurisdiction in india is in big question unless the pettioner comes to India and files.You can use 498a and DV 2005 as he deserves for his brutal act, and file 406 for return of property.

Not sure how this will be taken as order issued in US court have any validity. You can seek help of NCW and file online complaint with all facts attached with documentary evidence.They may know few things as they regularly deal with issuesof NRI harrassment.

Your H4 will be invalid as it is dependant visa on H1B so apply for J1 or F1 by some means to extend your stay and seek some good consultancy  in this regard. However staying with H4 not issue as long as it has stamped date that has validity.

Expartee cannot be contested after 90 days, if your husband gets expartee for RCR then he can file divorce after a year on contested one on the ground of desertion and your maintenance will be less. If he gets expartee divorce then you cannot contest after 90 days of its execution.

There is no such law that states to order 50 % share in his property and generally courts order based on the need to maintain decent life, my take it cannot exceed 25000 PM at the most in India.

Hi,

Thank you very much for your reply. How can  I use 498a and DV 2005 and file 406 for return of property from US? Is it possible to apply from US? what is NCW?

National commsion for women, please search in google, tehy do accept online complaints. They deal with women married to NRI, Still not sure veena, how you can do it from US. They might know a way. please approach

Thank you for the valuable information.

Veea,

i being a practical criminal as well as matrimonial Advocate like to suggest to you , that , you must file cases against your husband in US, TRY TO OBTAIN orders from US COURT , if the US COURT pass any order in your favour, then you must get benefit of that order or orders in India form Indian Courts as so many decissions passed by several High Courts  and Honourable Supreme Court of India in this regards. dont worry about the execution of foreign judgement/s.

secondly in India you can file DV case against him after laps of 4/5 yrs. but no use off.

if possible call me or mail me: sibasish_adv@yahoo.co.in

+91 9874 85 45 94. / +91 9477 09 09 99

Hi,

You have already gave complaint against his cruelty and harassment to the Police. Have you filed any complaint under 498-A and unde Domestic Violence Act? You also got Child  support order. Already you might have met the lawyer onthis matter. I think that your child is born in US. First you give complaint to the boss of the Company where your husband worked last informing the facts about him and seek their help. As you have gone on Dependant Visa(H4), they will help you to come to India.

Since he returned to India, there is the possibility of filing for Divorce. As Mr.Sibashish sir advised you, you can file cases in US Courts. As you are Software Engineer, Please try to get employment  so that you may not get depressed. Please feel free and mail me if you need any suggestion. My mail id  rhythm_raga@yahoo.com. Thank you --- NIRMALA DEVI.C Advocate

Hi Veena, sorry to hear your situation.I am a victim like your case.I am also a NRI.After long battle i manage to get divroce from my dirty nri husband.We should not leave such person at any cost,they are expoliting women for their selfish reason.

please do contact me .I am a well wisher for you.my email id sorenrina@gmail.com.I will help you whatever i can do.please email me.

Thanks,

Rina

@Nirmala,

Disagree of filing cases in US courts as he is not a permanent resident and the moment he cancelled his visa and social security is forefeited, no US law applies to him as he boarded india which is his country of natural citizenship.

Disagree with lawyer sibilasis, any US court order can be executed even from India only if the accused stays in US, if he returns and assumes his natural citizenship, he has to be tried again in Indian courts. Moreover as long as jurisdiction of pettioner does not fall in the boundary of India, she cannot try it from US, Thats why her husband cleverly cancelled his Visa and returned to India , probably by this time he could have consulted a lawyer for safegaurd.

Tajobs rightly answers, and you can see his reponse

https://www.lawyersclubindia.com/forum/U-S-Court-Order-in-India-36423.asp

@Sam,

No need to be biased at Niramala or Veena, there are many cruel men also in this world, where women aslo sufferer.

I know many such people when I was in US.

Hi,

For a Lawyer, there are many facts to be taken into consideratio. Simply Ms Veena expressed her facts. It doesn't mean a Lawyer can file a case. It's only advice we are giving.  When we prepare a plaint, we come across several questions to be answered by the Plaintiff.  Blindly we can't come to conclusions. 

Here she gave only some facts. First she is on Dependent Visa She can return to India whenever she wants.or immediately. She need not stay in US struggling for money., when her husband returned. Ofcourse she can't go to US again. 

We don't know whether her husband has Green card.

She gave complaint for Domestic Violence and harassment and also for assault.

She has taken Child Custody order may be from US court.

She has to inform her parents, in-laws and other relatives about  her husband and about the situation what happend.

She has fear that her husband may file for Divorce and take the order ex-parte.

In these conditions, my advice to her is let her return to India, take support of her parents, relatives, search for a good Lawyer and file a case against him.for Divorce or Maintenance for her as she is not working and her child since her husband fled to India

@Nirmala,

The moment she returns to Inida her H4 will be invalid and any other associated  green card process if it was applied in co-juncture with her ex-husband. Thats what I think, she is hesitant to return to India for filing cases.

Last person who replied me understood my situation very well. I cannot explain everything how he took my property and how he cancelled credit cards, because it is a lengthy story. Some people may feel suspicious I do not care as I know the truth. When the time comes I can explain everything as I have the proofs.

For indian women like me saying about divorce is biggest threat than putting a gun on her head and asking for above.

Thank you all for your wonderful suggestions. Based on your responses I got some idea of what I can do.

Hi,

I am Veena. I am the one who posted my situation reg domestic violence on me and my husband left to India. As he applied for divorce in India and it is in ex-parte stage, I hired a lawyer in India on my case and he is asking as he has a open criminal case here and did not pay child support, how can we bring him back to US? I talked to some laywers here but noone has an idea. Please help me if anyone knows what is the procedure to bring him back to US. That will be a great help for me.

Thanks

You are one greedy woman.