• FIR on US working husband & other family members

My husband works in US.. n his other family members are India.. me n my husband are staying apart since a year.. I have a daughter who is just 6 months old.. these people are not ready to accept my daughter as they wanted to have a baby boy.. my husband is not taking any responsibility of me or my daughter.. I have filed case against him for IPC 498A, 406, 420, 323, 504 which are all true as these people have really harrassed me mentally physically n financially..he is currently in US.. n he behaves like Indian law can't ever catch him.. n he can enjoy his life in US forever.. he is not a green card holder.. is it possible that his H1B visa will be revoked permanently or he can easily get through it? N I would be just helpless in India.. I don't want to divorce him..
Asked 13 days ago in Criminal Law from MUMBAI, Maharashtra
Religion: Hindu

If he doesn't attend the proceedings you can go for look out notice circular for him

Prashant Nayak
Advocate, Mumbai
9477 Answers
16 Consultations

4.8 on 5.0

if your husband does not appear in court non bailable warrant can be issued against him 

 

2) if he does not appear look out circular can be issued against him by court 

 

3) forward copy of NBW issued by court to Regional passport officer . Notice would be issued to him as to why his passport should not be impounded 

Ajay Sethi
Advocate, Mumbai
62790 Answers
3828 Consultations

5.0 on 5.0

1) you can forward copy of NBW to US embassy and his employer in India mention that he is not cooperating with investigations 

 

2) it is up to US authorities whether to terminate his visa or not 

Ajay Sethi
Advocate, Mumbai
62790 Answers
3828 Consultations

5.0 on 5.0

Normally in case of matrimonial disputes if FIR is being lodged under various sections of IPC the police enquiry is made Before any action it is very inevitable that the passport can be asked to surrender and pizza will be cancelled by American Embassy

Vimlesh Prasad Mishra
Advocate, Lucknow
5021 Answers
12 Consultations

4.9 on 5.0

See for divorce you can file separate petition before the family court on ground of cruelty.

If FIR is registered and he is not coming and cooperating to investigation the court can declare him absconding his property in India can be attached and further the court can pass such order to impound his passport.

Shubham Jhajharia
Advocate, Ahmedabad
16366 Answers
66 Consultations

5.0 on 5.0

See visa is of US jurisdiction still he is Indian citizen his passport can be impounded so he can be deported from US.

Shubham Jhajharia
Advocate, Ahmedabad
16366 Answers
66 Consultations

5.0 on 5.0

police will issue NBW against him followed by lookout circular, 

you should send a copy of NBW/lookout circular to the regional passport officer with an application to impound/suspend his passport, with a copy to the concerned embassy and his employer, if he is in job 

Suneel Moudgil
Advocate, Panipat
976 Answers
1 Consultation

4.3 on 5.0

It can be done through ministry of external affairs and the procedure is not easy

Prashant Nayak
Advocate, Mumbai
9477 Answers
16 Consultations

4.8 on 5.0

Dear Sir,

i. If your NRI husband has abandoned you in India, you can immediately file a complaint/ FIR under 498A IPC on grounds of cruelty with the police in the local police station in the area where you were abandoned.
ii. Offences committed outside India would be deemed to have been committed within the territory of India by virtue of Section 188 of the Cr. P.C. Therefore, you can lodge a complaint for the same in India.
iii. If your husband has abandoned you in a foreign country or harasses you in any way, you may approach the local police. You may also immediately contact the following in case of an emergency/to seek assistance in the foreign country:
 Indian Embassy in the foreign country
 Employer of the husband
 Local Indian associations and networks of Indian citizens in the area of the residence of your fiancé
 Friends and relatives in that country

Netravathi Kalaskar
Advocate, Bangalore
2516 Answers
6 Consultations

5.0 on 5.0

1. As long as he is an Indian citizen it is still possible to bring him to India to face the court, but once he becomes a US citizen it will be impossible to bring him to India.

2. Police has to file the chargesheet and get a NBW issued against him. Thereafter, you can apply for impounding of his passport to compel him to return to India.

3. Police cannot approach the US Embassy unless chargesheet is filed and NBW got issued against him.

Ashish Davessar
Advocate, Jaipur
26020 Answers
756 Consultations

5.0 on 5.0

You should apply the court to invoke it's powers under s.105 of CrPC. The summons to your husband shall go through the Ministry of Home Affairs. If then also he doesn't come then under same section you may apply for his non-bailable arrest warrant, which will amount to his extradition and will go through the Ministry of External Affairs. Remember that all this is a lengthy process and Will require your time, patience and follow-up.

Mohammed Mujeeb
Advocate, Hyderabad
7888 Answers
3 Consultations

4.5 on 5.0

When you have filed FIR, police must have issued notice to him. IF he will not present , his passport will impound, automatic extradition than.

Better file maintenance case u/s 125 CrPC and also file petition under DV act. When court will issue summon and if he will not appear in court, arrest will issue.

Yogendra Singh Rajawat
Advocate, Jaipur
10619 Answers
9 Consultations

4.6 on 5.0

The cases filed against him involving his parents and other close relatives along with him in ther 498a case as well as in the DV case would put pressure on him when his parents will be pressurising him by not able tolerate the police pressure in the local.

You can put pressure on the police to force his parents to ask him to return to India for investigation purpose, once he lands in India, you can ask the police to instruct him to deposit the passport which will stop him from traveling abroad.

Alternately, the police can be asked to invoke LOC through superintendent of Police or the district collector.

This will also put pressure on him  to return to India.

 

 

T Kalaiselvan
Advocate, Vellore
52880 Answers
635 Consultations

5.0 on 5.0

The police has no such powers to approach embassy directly.

They can inform court and it is for the court to decide about this.

In fact the court also may not approach embassy for this instead it may take action as per law in furtherance in this regard.

T Kalaiselvan
Advocate, Vellore
52880 Answers
635 Consultations

5.0 on 5.0

Dear 

i. As you have already make the complaint to Police and FIR is registered against your husband and relatives. 

ii. If your husband believes that Indian law can't catch him,  You should immediately contact the following to seek
assistance in the foreign country and send the Copy of FIR to all 
 Indian Embassy in the foreign country
 Employer of the husband
 Local Indian associations and networks of Indian citizens in the
area of the residence of your fiancé
 Friends and relatives in that country.

You should also contact Ministry of External Affairs to debar passport of your husband. 

Mohit Kapoor
Advocate, Rohtak
1314 Answers

5.0 on 5.0

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