1. In this scenario where 498A is filed in India and husband is on work visa in USA even if he files a divorce petition in US and succeeds in getting the marriage dissolved through the decree of US court the wife who is based in India can successfully assail the decree in an Indian court.

2. Furthermore, if husband continues to evade the process of Indian law and does not submit himself to the majesty of courts in India then his passport can be cancelled and he can be deported to India. Wife should apply for cancellation of his passport.

Husband can file fir divorce on USA but if wife does not participate divorce decree would not be valid in India 

2) apply to RPO fir impounding husband passport as LOC is issued against him 

The divorce granted by USA court is not valid in India.

So irrespective of the divorce got by husband in USA , his wife in India will continue to remain his legally wedded wife.

Since LOC is alredy issued and warrant of arrest would soon be sent for execution for arrest, his coming to Indian is imminent.

An option of extradition is also there.

You can make online complaint on the site of External Ministry of affairs. 

Site: http://ncw.nic.in

He can't apply divorce in the USA if apply than also that divorce is not valid in the India. 

Only mutual consent divorce in foreign countries are valid in India. 

See husband can file divorce through Power of attorney in India without coming to India though you have already file 498a case in same if he fails to appear court shall declare him absconding and can attach properties in his name in India and he can be arrested . Also you can apply for cancellation of his passport with the Passport authority or before the court pending the case. 

wife can seek spousal support from husband 

2) wife can also file police complaint against husband if he assaults her 

3) husband can be sentenced to jail   if there are repeated acts of domestic violence and then deported to India 

He can get no fault divorce in USA but it will not be valid in India. You can send him summons of court through ministry of external affairs and get him arrested in US through embassy. You need to file separate proceedings in US as per US LAW and prosecute him there 

In USA she can take help of their law for food clothing and shelter and maintenance amount if require.

From India you can complaints in nwc.nic.in these people issue a letter to passport office to impound passport of his and send back to India.

1. Having physical  relationship with another woman is no longer considered as crime u/s497 of IPC.as per Judgement passed by the Supreme Court.

2. If wife is earning or qualified to earn then she will not be entitled to maintenance from  her husband.

3. Since FIR u/s498A has already been registered against the husband, then he shall have to arrive at India and avail anticipatory bail from the Court.

4. He can pray for and obtain leave for getting his physical appearance waived on the days of the hearings and travel back to his place abroad where he is employed for earning his livelihood.

5. Husbanbd can fiule a divorce suit in USA but the said  decree of  divorce passed by the USA Court will not be considered as valid in India.

6. If he is not ready to suppport his wife in USA as per USA law, he can not be demanded to be deported to India. the wife shall have to seek relief from the USA court itself.

1. If the wife travels to USA with spouse Visa she can take shelter in to her husband's house/appartment.

2. In case she is not maintained by her husband and harassed, she can report the matter to the plice and file a suit before the USA  police/Court seeking relief.

See can file for maintenance and support in US also she can though right letter to immigration department of US about ongoing case though its there discretion to send or not.

1. No that can not be the case. He can not file divorce in US and can not give work as a reason for not appearing in the case. 

2. Send the copy of the LOC and the FIR to his employer and to the US and Indian Embassy. 

Regards 

For the second query you may please get in touch with some lawyer who is practicing in US. 

Regards 

Dear Madam,

He cannot get divorce against you if you do not surrender before US Courts. Secondly even if ex-parte divorce decree is passed by US Court , it is not operative in INDIA against you . You may go ahead and try to bring him to India in consultation with Ministry of foreign offence .You may consult US Advocate for other suggestions. 

Divorce decree not valid in India can can be set aside by Indian court. In US, on diovrce wife have 50% claim in assets of husband.

LOC has been issued, He is out of India on VISA. why police has not yet applied to impound his passport. Inform the Passport office.

Dear

You should send a copy of FIR to Indian consulate of USA as well to employer of husband to create pressure on him

He can file divorce in US but that divorce if not contested by you will not be considered valid in India.

Wife can file case for maintenance and support  in US and can also claim half his assets in US as per US divorce laws. 

As the marriage had been solemnized in India, Originally the Jurisdiction lies in India Only.

1. Wife is free to file divorce and also seek financial support in US.

2. Only a US based lawyer can tell what can be done in US.

4. I repeat, for the husband to be sent back to India his passport has to be impounded/cancelled.

Dear Concern,

Please note - 

01. Based on the criminal complaint which is duly pending with the court of India kindly approach the Ministry of External Affairs asking them to seize his passport and to bring him back to India. 

02. Simultaneously also write a letter to US authorities keeping Ministry in loop asking the US authorities to deport him from USA to India so that he can face trial. 

Once he is in India you can act accordingly. 

But remember one thing, now at the end of the day you both are going to get divorced so be prepared for that. That may occur from USA or India. But your divorce application has got nothing to do with the criminal trail which is pending in against him in India. He has to face that in all given situations. 

He can file a divorce case in India through a POA gent in India, and can visit India only for deposing evidence before court.

At that time also he may seek for video conferencing deposition of evidence, for that the wife side can strongly object stating that he is trying to avoid to come to India even though he just dumped his Indian wife for nothing and made her to starve in India.

However the fight and the struggle has to be severe and it may stretch too far.

She can file the cases in US seeking financial support from him as per US laws.

She can even file a domestic violence case agaisnt him for his cheating activity due to which she had to suffer mental depression.

She cannot ask the US government to send him back to India, however she can get the desired financial support by engaging the services of a prudent attorney at US, who should  be willing to take up her case properly

Dear Madam,

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

Move application for impounding of his passport. The governing rules are as below:
 Section 10 of the Passport Act 1967 governs impounding and revocation of passport. An application can be made to the concerned Passport Authority for such impounding or revocation in form of simple request as no prescribed proforma is given under the Act.
 Relevant part of subsection(3) states that the passport may be revoked if; the holder of the passport or travel document has, at any time after the issue of the passport or travel document, been convicted by a court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years;
 Subsection(3) (e) states that, if proceedings in respect of an offence alleged to have been committed by the holder of the passport or travel document are pending before a criminal court in India.
 Subsection(3) (h) states that “if it is brought to the notice of the passport authority that a warrant or summons for the appearance, or a warrant for the arrest, of the holder of the passport or travel document has been issued by a court under any law for the time being in force or if an order prohibiting the departure from India of the holder of the passport or other travel document has been made by any such court and the passport authority is satisfied that a warrant or summons has been so issued or an order has been so made”.