• Domestic violence

My husband is a H1B holder. I went to US as his dependent and resided there for 8 months. He had hurt me brutally in this period and took money from my father. I did not complaint in 911. I had pictures of the wounds but no medical report as he never let me get out of the apartment. we came back to india when things got out of control and i fainted. he left me at my father's place. he filed a nullity of marriage (at the 10th month of our marriage) and went back to US. the marriage was consumated but we do not have any child yet. I am not working anywhere. I got the summon for nullity of marriage from court on 20th march 2014.
my question is:

1. what are the legal procedures I can take against him?
2. can I get maintenance when he is working in US?
3. What are the legal procedures to get him back to India? how long will it take?
4. photo without medical proof... legal evidence or not?
5. can he simultaneously file a divorce case in US?
6. can he get the annulment without coming to India?
Asked 2 years ago in Criminal Law from kolkata, West Bengal
file a complaint againts him in the women cell of your area under section498A and 406 IPC,along with that complaint under DV act,and application under 125 crpc for maintenance.

he will have to give you maintenance,irrespective of the fact where he is working.

legal procedure as i have advised you.

he will have to comply all provision of indian law for taking divorce,
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Please note the following as per your query:
1.You did not mention where he has the suit for nullity of marriage if it in India the you can file an objection with claim of interim alimony.
2.You can file a case in India u/sec.125 Cr.p.C. for maintenance,but in nullity marriage court may not pass any order.
3.You can file suit for  RCR but execution are very difficult in foreign country as because there are different laws.
4.Evidence may be consider circumstances also
5.He can file but it is not maintainable in India as already he has file on nullity ground.
6. Foreign decree is not valid in India if it was obtained ex-parte in foreign.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
Apart from above in 498A case put his parents and other relatives as he must not have crossed these limits alone.With HIb visa if you make complaint of crime he has conducted,with US embassy ,action will also be taken by them.But before doing all these things check if you were wrong or he was and what was the basic issue,which caused all this and if was your fault.
Anil Gupta
Advocate, New Delhi
180 Answers
41 Consultations
4.3 on 5.0
1. Since he has applied for nullity of marriage in India you should immediately engage a lawyer and contest his case lest he walks away with a favourable order and thereby succeeds in avoiding spousal liabilities under the law. 

In addition to this you may file a criminal case for causing hurt against your husband whereupon he may be arrested and punished. You may also file a case for dowry harassment if you have been harassed for dowry. That apart, you have every right to file a case for divorce and alimony against him. 

2. You have an indefeasible right to seek maintenance from him. It is his duty as a husband to lend financial support to you, which can be enforced through the process of court by filing a case for maintenance. 

3. If a court of law issues a warrant of arrest against him then he may be brought back to India on arrest. He cannot evade the Indian courts by virtue of the fact that he is not residing in India. 

4. If the photograph is explained in accordance with the procedure laid down under law then it may be treated as evidence notwithstanding the absence of medical proof. 

5. No he cannot as he has already filed for nullity in India. Moreover, you are neither a US citizen nor residing in US. 

6. He shall have to come at least once for his witness deposition.
Ashish Davessar
Advocate, Jaipur
18275 Answers
451 Consultations
5.0 on 5.0
Dear Querist
my opinion on your queries are as under
1. what are the legal procedures I can take against him?
You can file a domestic violence case against him, if any dowry demand then file a criminal case u/s 498A of IPC and 323/324 as per your photographs.
2. can I get maintenance when he is working in US?
Opinion: yes you can get maintenance from him if you are unable to maintain yourself.

3. What are the legal procedures to get him back to India? how long will it take?
Opinion: after filing case the court or police summon him, time can not be specify.
4. photo without medical proof... legal evidence or not?
opinion: photos are admissible as evidence

5. can he simultaneously file a divorce case in US?
opinion: no he can not file divorce case till the final disposal of this case.

6. can he get the annulment without coming to India?
Opinion: no its is not possible
Nadeem Qureshi
Advocate, New Delhi
3539 Answers
131 Consultations
4.9 on 5.0
Madam just file a case u/s 498A and 125 CrPC for your maintenance. Then lodge a FIR before concerened PS for the injury you had received from your husband . Contest the case your husband has filed against you along with filing a case for Domestic Violence.
Soumya   Kundu
Advocate, Kolkata
50 Answers
0 Consultations
4.8 on 5.0
if he is earning around 3lacs a month you can ask for 1.5lacs a month,for your jewellery you will have to file police complaint under 406IPC for criminal breach of trust in which persons can be sentenced for maximum of 3 years.no you can not ask share in father in law property,but you can  definitly make a pressure upon your husband by asking for 50% of value of property while negotiating for alimony or anticipatory bail in future
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1. You may ask up to 1/3rd of his monthly salary. It is for court to decide what amount should he be ordered to pay to you by way of maintenance. 

2. You cannot ask for a share in your in-laws' property. 

3. In order to recover your gold ornaments lying in the custody of your in-laws you shall have to file a case for criminal breach of trust characterized by not returning your ornaments.
Ashish Davessar
Advocate, Jaipur
18275 Answers
451 Consultations
5.0 on 5.0
Dear Querist
my opinion on your queries are as under:
can I ask share in my father in law's property?
Opinion: no, you are not entitle for any share in your Father-in-law's property.

how much maintenance shall I ask?
Opinion: you can get 33% to 50% of his salary if you are unable to maintain yourself.

my gold ornaments and many other valuable things are left with my inlaws in kolkata and in US. I do not have purchase documents of everything. some golds are given to me by my mother and some are gifts from my family.

how can I get those things back?
Opinion: file a criminal case u/s 406 of IPC against them, if any dowry demand then 498A too.
Nadeem Qureshi
Advocate, New Delhi
3539 Answers
131 Consultations
4.9 on 5.0
Irrespective of the fact whether he is a holder of HIB visa or a permanent citizen of US he is liable under the Indian law. Let the court issue a warrant of arrest against him and then take recourse to the procedure to be followed to enforce it.
Ashish Davessar
Advocate, Jaipur
18275 Answers
451 Consultations
5.0 on 5.0
You cannot personally approach the authorities in US for his arrest.
Ashish Davessar
Advocate, Jaipur
18275 Answers
451 Consultations
5.0 on 5.0
do not worry so much just keep on going
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0

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