amit 08 July 2015

Wife in india...harassing husband in usa

I had posted my problem few months ago, but now situation has changed and I have a different question. I live in US on H1-B visa, originally I am from India. 2 years ago, when I had gone to Canada for work purpose, during my absence my wife ran away with our 3 year old son (US citizen) to India without informing me. I did not make a police complaint because I thought I will convince and bring her back. I went to India last year for that, but she refused to come back. Since she has left, she has not picked up my phone calls nor allowed me to speak to my son. In March 2015, she has filed a divorce and alimony case in India and asking for very high alimony. She thought if she sends a court notice from India I will pay her the money and get out of the case, but I didn't do that. I cannot ignore my son's right to have access to his father and she has left me I have not left her and I am still willing to resolve our issues and live with her. So I have hired a lawyer in India who is fighting my case there. In her divorce petition, she has filed all false charges against me and my parents that we were mentally harassing her. The case is moving at a very slow pace in India, she is now getting fed up and now threatening to file a complaint against me at the US Embassy in India. I am still working in US on H1-B visa and I don't want to get into any trouble.

My questions are:
1. If she files a complaint against me in the US Embassy in India, what action will the embassy take?
2. I had not filed a police complaint or contacted the US embassy when my wife had run away, thinking that I will be able to solve the problem and there was no need to involve police and embassy in this. But now to protect myself before she creates any further problem for me I am thinking of going to the local police station and report the matter and also report the matter by letter to the US embassy in Mumbai, India. Should I tell the police & embassy about she threatening me to go the US embassy or should I just tell them that this incident had happened 2 years ago, our son is a US citizen and I am fighting for divorce, alimony and our son's custody in family court of India and this was for their information.

3. Should I tell my lawyer to inform the US embassy instead of me?

Please advice if there is anything else I should do.
I really appreciate your advice and time.

regards
Amit.

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5 Replies

Jayashree Hariharan (Advocate) 08 July 2015

Just run over in your mind, what would be the purpose of informing the embassy now. it may lead to adverse assumption that you drove her out and now because of the case you are giving the letter, since it is already two years.

Please confer with your lawyer in India before taking any further action, since he will be the one facing the consequences in the courtroom.

This is just a general suggestion, not technical.

SuperHero (Manager) 09 July 2015

@Amit - US Embassy is for issuing visas, not for solving matrimonial disputes. On what basis she will file a case to US Embassy, Will she go and do fasting before the consulate or do Dharna..or Strike??

As you mentioned She is fed up with Court System in India because it takes lot of time for the courts to come for a conclusion or a judgement or to order something...

For Civil and Criminal etc., Courts are there..and they are delay Centers...

Was she working in India or working before?

You will be entitled to pay for maintenance for the Child. But since he is a US Citizen Laws might differ.

Don't afraid for anything, have some courage or watch some inspirational movies....

If you have Patience, just go with the flow of the case. Chill and relax. She will be happy or crying roaming courts in India..

amit 09 July 2015

Dear Jayshree, Raj, Superhero and noname,

Thank you for your advice and time.

I did not want divorce, but now the way she is treating me, I can't live with her, still in court I will maintain that I want to live with her. I will fight the maintenance case and also fight for child custody as my son is a US citizen and has a better future here.

Superhero -

Good to hear from you. Yes, she was working in India in software industry and her salary when she resigned and came to US in 2009 was Rs. 70,000 per month. She is MSc in IT and very educated. Can she still ask for maintenance? She is now not working and saying she is not finding a job. In her maintenance application she is asking for Rs 2 lac per month maintenance. When my lawyer contacted her lawyer, she told they want to settle for divorce for Rs 50 lac rupees, and I must forget my son, which is not acceptable to me. I am ready to support both of them, provided she allows me and my parents access to my son, which she has not.

Noname -

I had asked lawyers here in US, they told me I can file a case here for custody, but my wife in India can safely ignore the court notice as India and US don't have a treaty for such matters. If I file a criminal kidnapping case, she will face arrest if she comes to US, I know she will not come to US. My intention is not to harrass her, but she is being unreasonable and getting harassed on her own in the process.

SuperHero (Manager) 09 July 2015

@Amit - She can ask for maintenance but in the court your lawyer has to argue by showing the evidences that she has been working in India in the past and she is capable of working,

Also she has to prove that she has applied for so many jobs and so on..

She doesn't have any livelihood or her parents can't take care of her.

I don't think Court may award 2 lakhs per month. May be she will be awarded 20000 Rupees per month. Some lawyers may throw some light on it.

Sorry to hear she is adamant. Ask her or her lawyer why just 50 lacs not 5 crores.

Just tell them I will resign the job and come to India. and just a file petition saying that I have no job too..What will the Court do??

All this will take long and lot of time...Please be prepared for that.

amit 13 July 2015

Thank you Super Hero.