• Husband absconding

I got married in 2013 August to my husband who was working in USA. After marriage he left to USA and promised me of sending VISA documents for my VISA. Since 2013 he never came to India for 5 years, he always told me to wait for few months so that he can find a job in USA. In 2018, he came to India and again left to USA without notifying me. I want to know what all options I have to bring him to India.
Asked 7 years ago in Family Law
Religion: Hindu

2 answers received in 10 minutes.

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13 Answers

See it will difficult to bring him back though you can file criminal case or harassment dowry on him when FIR is filed an application to revoke his passport can be made.

Further you can file 125 crpc application for maintenance and if you want divorce you can seek same on ground of desertion and can also take alimony.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

File case against your husband for DV 

 

2) seek maintenance, alternative accommodation, compensation for mental torture undergone by you 

 

3) if you are victim of dowry harassment file case against him under section 498A of IPC 

 

3) if he does not cooperate with investigations LOC woukd be issued against him 

 

4) you can apply for impounding his passport before RPO 

Ajay Sethi
Advocate, Mumbai
99977 Answers
8160 Consultations

You can file a petition for restitution of conjugal rights under section 9 of Hindu Marriage Act

You can file a complaint in women cell against your husband. 

Mohammed Mujeeb
Advocate, Hyderabad
19373 Answers
32 Consultations

1) have told you to file 498A/Dv cases against your husband 

 

2) if husband does not cooperate with investigations , LOC is issued against him then apply for impounding his passport .

 

3) it may take over a year 

Ajay Sethi
Advocate, Mumbai
99977 Answers
8160 Consultations

You can file case against him fro RCR as per HMA. and late court may issue warranty against him for the same to revoke the passport or take you along with him.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Hello,

You may file a case for restitution of conjugal rights and also a case for harrasment against the husband and his family members.

At present are you staying with your mother in law?

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You can put up the cases as stated above. 

Revocation of passport will take good 1-2 years. 

Also, you may file a case of cheating. 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Mam revocation of passport.take time it is long procedure and can take year after court taking cognizance of matter.

See case of mental cruelty domestic violence can be there along with maintenance case. Further.if want divorce.can seek.same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Client,

Better file criminal complain of cheating and domestiv violence, than polcie will proceed to impound his passport and he will left with no option except to return back and face court case.

You can also seek maintainance , compensation , refund of marriage expanses etc.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Hello

      He married you in India as per the hindu marriage act and hence unless he divorces you in India before the Indian courts, he is still married and therefore can be punished of bigamy in case he marries again.

He has abandoned you for 5 years and therefore file a case for maintenance and domestic violence as domestic violence even includes emotional and psychological abuse.

Also, his parents must be residing here in India. Try to talk to his family.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You can file a case of cruelty and domestic violence under Section 498 a IPC and Domestic Violence Act apart from that you can also add section 419 420 and 406.

It is not that much easy to revoke the passport of any person after lodging the FIR under above 15 police will investigate the matter and decode will send him notice to appear before the court and later on any decision is taken by the court to revoke the passport if required

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1. For his act of abandoning you, a divorce suit can be fikled against him 

 

2. You can not force him to return to India for not taking you to USA.

 

3. However, you can file a police complaint u/s 498A  IPC alleging dowry harassment for which he will be summoned to appear before the Court and avail AB or regular bail.

 

4. If he fails to appear before the Court, arrestv warrant can be issued againstb him and his passport might be impounded.

Krishna Kishore Ganguly
Advocate, Kolkata
27736 Answers
726 Consultations

1. You can file cases against him for getting justice as per law but not for causing harm to him or seek revenge.

 

2. If he refuses to appear before the Court repeatedly after gettingf summons, the Court might issue arrest waarant and also impound his passport.

 

3. it will take around 12 to 24 months to reach that stage. 

Krishna Kishore Ganguly
Advocate, Kolkata
27736 Answers
726 Consultations

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