I have been married in India but now stay in America with husband since four years. He is putting me out of our home and back to India. I will put abandonment case on him but he will not return to India. How can I summons him from America? If he does not return can judge decide in my favour? What is this cost and process? He will hide until such time that I cannot afford to put cases against him. But can he go unpunished? Once he returns after how many years can I put a case on him for his arrest? Once he returns then how many court hearings must I pay so that I receive maintenance?
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If your husband is throwing you out of your home in America seek spousal support in USA as you are his legally wedded wife
2) you can if you so desire file petition for RCR in India seek maintenance from husband
3) file 498A case against husband for continuous acts of cruelty in India
4) if husband does not appear in court LOC can be issued against your husband
5) his passport can be impounded and non bailable warrant can be issued against your husband
Dear Querist
If you are in India and he is in USA then immediately file criminal cases against him if there is any domestic violence or dowry demand or cruelty committed upon you by him.
If you are not able to maintain yourself then you may file a maintenance case against him under section 125 of Cr.P.C. and claim maintenance, 1/3 of His income may be granted to you as maintenance. If he will not appear before the court then the court have power to pass an exparty order in your favour, even you can send him a summon through mail, Whatsapp too.
You can claim protection, right to residence, monetary relief, child custody if any and compensation under section 18,19,20,21&22 of Protection of Women from Domestic violence act 2005.
If he has Indian citizen ship then his passport can also be impounded by passport authority after criminal proceeding if pending before criminal court as per passport act.
But without filing cases against him no law will help you, if you will not file cases against him then he can not be punished for his wrongs.
Cost is depend on the lawyer of your choice.
Feel free to call
If he receives the summons and decides to not to appear before court after receiving the summons, the court may set him exparte and an exparte judgment may be passed after you have let in evidence.
In the criminal case, if the police is not able to trace him or even if the police is able to send him summons, he cannot be extradited to India for this reason.
Our laws are not beyond the Indian territory to brig him to India to punish him, you may have to wait for him to return to be caught by the police and produce him before the magistrate.
For maintenance, even now you can get an exparte decision against him through court and can execute the order sooner he arrives in India to book him.
