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Anonymous Person (Lawyer)     19 September 2017

Fraud by NRI husband

Hi I was with my husband in US for two years on H-4 Visa.He brought me to India in April 2017 in the profile text that we are going for vacation and will fly back to California after few weeks but he flew back alone without any intimation and abandoned me here completely,also he is evading all the communication and his parents in India are also not cooperating and forcing me to divorce him amicably.He ruined my life.Is there any way I could go back since my H-4 is expired and take a legal action against him in California? If yes what legal action can I take after going back..would there be any government agency or any organization In USA that can help me.. Pls help Thanks


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 7 Replies

Vijay Raj Mahajan (Advocate)     19 September 2017

Although I hardly advise anyone for indulging in criminal litigation against the deserting husband, but in your case as this man has deserted you in India and skipped to USA, you should file Police Complaint against him for cruelty, domestic violence and seek impoundment and cancellation of his passport. Force upon his deportation through Court to settle the criminal complaint against him and not allowed to leave the country till the matter is finally settled. The divorce even if that has to be done need to be proceeded by the settlement of permanent alimony. The Government of India is also proposing the action against the NRI wife-deserters. The link will be of help to you : https://www.msn.com/en-in/news/newsindia/nri-wife-deserters-may-lose-passports/ar-AAs6wrm?ocid=sf 

Adv Radhika Mehta (Advocate)     19 September 2017

The criminal procedure has been rightly suggested hereinabove.  However, if you do not wish to go down that path, you can also file an NC against your husband putting on record these brief facts mentioned hereinabove in the local Police station of the area where you presently residing.  

I would firstly, however, advise you to build a record before proceeding on cases.  So firstly start by writing emails to your husband, putting on record his desertion of you and asking him to renew your dependent H-4 visa. You can also address his family members in the said emails. 

I would like to understand why do you wish to initiate proceddings only in the USA? Since your in-laws' are based here and so is your husband's property, it would be more beneficial for you to start proceedings here.  If you however insist, you can always approch the legal aid there.  

Anonymous Person (Lawyer)     19 September 2017

I have did approach women cell for the sams and they have been sending notices to the boy but he is not cooperating. His parents come to women cell and say that they can't do anything if the guy comes call yourself. If I take a legal action in Indian court is it mandatory for him to come as he was also involved in committing physical and mental atrocities on me during my stay in US. Is it compulsory for him to come if he is issued summons from court?

Anonymous Person (Lawyer)     19 September 2017

I have did approach women cell for theand they have been sending notices to the boy but he is not cooperating. His parents come to women cell and say that they can't do anything if the guy comes call yourself. If I take a legal action in Indian court is it mandatory for him to come as he was also involved in committing physical and mental atrocities on me during my stay in US. Is it compulsory for him to come if he is issued summons from court?

Anonymous Person (Lawyer)     19 September 2017

I have did approach women cell for theand they have been sending notices to the boy but he is not cooperating. His parents come to women cell and say that they can't do anything if the guy comes call yourself. If I take a legal action in Indian court is it mandatory for him to come as he was also involved in committing physical and mental atrocities on me during my stay in US. Is it compulsory for him to come if he is issued summons from court?

Adv Radhika Mehta (Advocate)     19 September 2017

Yes, he has to come.  He may file an Application for exemption of personal appearance but even then, you can insist on his presence during the stage of evidence. Take copies of the notice sent by woman's cell and send your emails also. 

Anonymous Person (Lawyer)     19 September 2017

Thanks for your reply. Also please clear me one thing can he file a divorce in US and get ex parte divorce? What if he takes it? can I do something about it?

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