• Want to file a case on my husband living in U.S.

Hello Everyone! My name is Lavanya, I'm married and have a 3-year-old kid. I used to live in the U.S from the past 6 years but had many issues with my husband. Finally, I decided to get a divorce but due to some reasons I didn't take a divorce in the U.S and came back to India. Later I was assured by his family members that he'll come back to India in a few months. It's been more than 10 months but I didn't hear anything from my husband and came to know that is having an affair with someone while I'm in India. I'm in a helpless situation, he doesn't pick my calls, doesn't want to give me a divorce and having a great life in the U.S while I'm suffering here. Now I want a file a case against him and make sure that his visa gets revoked. I don't a visa to go the U.S and file a divorce there, so the only option I have is to file a case from here. Can anyone please suggest me how a file in this kind of situation when he not willing to come to the U.S and give me a divorce,
Asked 4 years ago in Family Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

19 Answers

You can file for divorce on grounds of mental cruelty in India

2) divorce petition has to be filed where marriage wa solemnised or wherein you resided after marriage or wherein you are staying

3) seek interim maintenance from husband for your self and child

4) seek sole custody of your child

5) seek alimony from husband

6) if you have been victim of dowry harassment file case against husband under section 498 A of IPC read with section 2, 3 of dowry prohibition act

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

You have an option for filing for contested divorce on Grounds of cruelty and adultery by husband under Section 13 of The Hindu Marriage Act.

You can also claim maintenance amount for your husband for yourself and your infant child under the provisions of section 125 of CRPC if you are unable to maintain yourself and your child from your own income.

Also, a complaint under protection of women from domestic violence act 2005 can be filed against your husband if you had subjected you to any cruelty.

A police complaint under Section 498 for the offence of dowry harassment can also be made against him.

A petition to get the sole custody of your child should also be filed by you, and in all likelihood you will get the custody as custody of children below 5 years of age is generally given to the mother.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

Hi

You have plenty of legal options to come out of the present situation. As such in addition to divorce, you can also claim the following relief(s)

1) Interim and Final Maintenance under Section 125 Cr.P.C &

2) Compensation for cruelty under Domestic violence Act sections 17 to 22 &

3) Alimony in divorce under Hindu marriage act &

4) Share of property owned by Husband &

5) Child custody and guardian ship and property rights of the child in the properties owned by inlaws and husband

6) 498a and Section 3& 4 of dowry prohibition act..

All of the above 6 cases can be filed concurrently so as to protect the rights of the child and you.

Please note that you can file all of the cases either at

a) Place where you got married or

b) Where you are presently residing.

Once you file these cases, especially the DVC and 498a, police will ensure that your husband 's passport is revoked and he will have no other option other than to come to india to face trial or Settle the matter between yourself and him.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

Hi,

In the present situation, you may file the case of divorce under grounds of cruelty and adultery. Please give his address of USA so that he may receive the notice of case.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

File a petition under section 125 Crpc claiming maintenance for you and your child. Also file a petition for divorce in jurisdiction court where you are residing now also file a complaint for dowry harassment against him and his family members then the police will ensure that he is bought back. You are being asked to make his family members as party to put pressure on him and get the notice served on him through Indian consulate and also submit a request to the US consulate that a criminal case is pending against him

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1. You can file a suit for divorce in India on the ground of mental cruelty.

2. You can also file a case under PWDV Act seeking maintenance, residence order and damages for the mental agony caused to you.

3. If there is any incidents of tortures for dowry then you can file case under section 498A ipc in which case the court can ask for deposit of passport or put restrictions on his foreign travel at the time of grant of bail.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Mam file a divorce case here in India if husband don't appear ex-parte divorce can be granted in your favour.

Further you can file maintenance and alimony along divorce.

And a maintenance application under crpc 125 and seek interim maintenance under crpc also.if fails to comply there can be arrested Warrent

Further now as of criminal.cases are conferred file a complaint.with mahila police station for domestic violence mental.cruelty and physical violence. The FiR will be registered and then he has to either come.or the court can order to.impound his passport.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. His visa will never be revoked due to the mere filing of a divorce case.

2. If your husband is still a citizen of India then his passport can be cancelled only if there is a warrant issued in a pending criminal case by a court in India. A divorce proceeding is civil in nature.

3. Serving the summons of an Indian court on him in USA will be very difficult. If he does not accept the summons or accepts the summons but does not appear in the court then court will grant you ex parte decree of divorce.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

You can file a petition for divorce on the ground of desertion , as only after 11 months of the marriage your husband has abandoned you. In case your husband do not represent or defend his case in court, the court will grant an ex-parte decree of divorce to you.

You can also file case under Domestic violence Act, 2005 for relief and to get back all your stridhan, gifts, money and other valuable items given to you either by your parents or in-laws at the time or after the marriage and also you can seek for compensation and damages for the mental cruelty suffered by you due to the actions of your husband and his family members.

You can also file a police complaint against your inlaws, in case they have committed any kind of violence upon you.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

1) Yes, you can file case for divorce and send notice to him via Ministry of affairs. So by hook or crook he has to come to India to attend this case.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

You will need to file contested divorce on the ground of cruelty by husband or any other ground mentioned in hindu marriage act because your husband is not ready for mutual consent divorce.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Firslty, as per the information mentioned in the present query, makes it clear that he has been absconding to take yours as well as your child’s responsibility.

Secondly, yes you may very well file divorce petition here in India, and also for the maintenance for you as well as for your child.

Thirdly, once you do that then he may have present before th court either personally or through a legal representative, but he can’t run further.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Dear Madam,

You can file a petition for divorce on the ground of desertion , as only after 11 months of the marriage your husband has abandoned you. In case your husband do not represent or defend his case in court, the court will grant an ex-parte decree of divorce to you.

You can also file case under Domestic violence Act, 2005 for relief and to get back all your stridhan, gifts, money and other valuable items given to you either by your parents or in-laws at the time or after the marriage and also you can seek for compensation and damages for the mental cruelty suffered by you due to the actions of your husband and his family members. This law applies to all irrespective of religion or caste.

You can also file a police complaint against your inlaws, in case they have committed any kind of violence upon you.

1. Move the Civil Courts judicial matter's Service of Summon via The Ministry of Law and Justice Department of Legal Affairs which is the designated Central Authority under The Hague Service Convention which India is signatory of in asked Civil matter and not the way you mention Service of Summons works!.

2. But even if you somehow succeed and he still does not appear and a ex part Judgment has been pronounced then under The Convention (Art. 16) he has limitation period of 1 year to challenge the same. Moreover this is in addition to Condonation of Delay under (India) Limitation Act which may even extend (means get allowed) beyond 1 year period too to challenge the ex part Judgment as we have seen in many cases which went for Appeal which makes your query go back to point where it started.

3. However try your luck now that you spoke of Service of Summon abroad under some guidance you received so far and for the same get allowed Service of Summon via Ministry via an appropriate Order in set Format / Form Annexure from the Trial Court first and then try your luck in moving the Mandarins at South Block invoking The Hague Service Convention in a divorce related matter and then still get worried about para 2 which is his Constitutional rights r/w The Hague Service Convention Rules I hinted above. Total likes : 3 times

Is there any provision of cancellation of passport

Rajiv Dayal v. Union of India & Ors. is another judgment which shows that the wife also has an available remedy under Section 10 of the Passport Act of impounding and/or revocation of the passport of her NRI husband if he failed to respond to the summons by the Indian courts.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Looks like you have been comfortably abandoned by him. This is a fit case to file a petition seeking restitution of conjugal rights here in India. Contact a local lawyer for filing this case in the Family Court. Seek interim maintenance for yourself and your child in this sec. 9 petition

In case you are unemployed, file a petition seeking maintenance from your husband u/s125 crpc.

Also, move a complaint with the women helpline cell of the Police.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1. Our law do not permit any revengeful action like getting his Visa revoked/cancelled. You shall have to file an application/suit seeking relief and/or justice on acceptable grounds and the Court will take appropriate action which might include impounding the passport of your husband. Moreover, Visa is issued by the Consulate of the other Country on which Indian Court has no jurisdiction. In extreme cases, passports are impounded against court order when the accused are forced to return to India. In your case, there is no ground stated by you to seek Court order for impounding his passport.

2. However, to get him back to India, you can lodge a police complaint in India u/s498A of IPC alleging dowry harassment in India and also USA. Some Courts have expressed opinion that such dowry harassment is a continuous process suffered by the wife while returning to India for which Indian Police Station will have jurisdiction to register FIR agaibnst such complaints to be tried by Indian Courts.

3. If police refuses to register FIR, file a Writ Petition before the High Court against police inaction praying for an order upon the police to register FIR, investigate and act as per law based on your said complaint. If he fails to appear before the Court on successive dates of hearings after receiving Summons, warrant will be issued against him and finally an order for impounding his passport will be issued by the Couurt. He shall have to avail anticipatory bail from Indian Court after arrival.

4. You can also file a Divordce Suit in India on the ground of cruelty which will be heard ex-parte if he fails to respond and contest after getting the notice and the copy of tyhe plaint.

5. You can also file a petrition claiming maintenance u/s125 of Cr.P.C. for you and your Kid.

6. Please also note that divorce decree availed from USA Court is not valid in India for which you shall have to file the Divorce Suit in India.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

File divorce on given grounds of cruelty and domestic violence along and claim maintenance for you and kid.

Petition maintainable from Indian and advisable instead of filling in USA.

File criminal case of dowry demand and physical violence, his passport will impound.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hi

I have taken an appointment of rs.2999

File an FIR 498A and also file other criminal offence the it will be easy us through whigi

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

If you want to file a divorce casein India, you can very well file a contested divorce on the grounds of cruelty.

You can cite his adulterous activities and other cruel activities and attitudes as reason for cruelties unleash against you.

You need beg him to give divorce, let him attend the court and challenge your divorce case or choose to remain absent, upon which you may get an exparte divorce.

For any reason you cannot get his visa revoked.

You can file a criminal complaint also for his acts of cruelties, but they should be related to some incidents happened in India too.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Hello,

File a case of harassment against him and his family members. As and when the police will approach his family, pressure will be created on him to settle the issue.

get in touch with some local lawyer.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer