• Marriage with USA citizen

I plan to get married to USA citizen being from India.Suppose after marriage he cheats on me and does not go with the formalities of me getting the green card and citizenship of USA or goes back to USA and never comes back to India what rights I have.
Asked 6 years ago in Family Law
Religion: Hindu

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10 Answers

See since he is citizen of USA and if he goes back even if you file cases in India it will be difficult to get him back before the court.

In case he does anything like that you have to file case against him before the US court based on law in US.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can file DV case against husband if he deserts you and refuses to take you abroad 

 

2) also file petition for RCR under section 9 of HMA 

 

3) also file for divorce on grounds of mental cruelty seek interim maintenance and alimony from husband 

Ajay Sethi
Advocate, Mumbai
99856 Answers
8148 Consultations

You can perform your marriage as per The Indian foreign marriage Act and the special marriage act. Get registered accordingly.

 

If he cheats you in future you can impound his passport if he does not fullfill all your wish matrimonial and financial.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. No court in India can force him to apply for your green card.

2. If he abandons you then you can file a complaint case under DV Act to seek right to residence and also seek maintenance from him, but if he is located out of India then service of court summons will be an uphill task for you.

 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Indian court order may not be execute against him. And in USA, divorce can grant easily. And wife can claim share in only those properties which bought during marriage that only through US court order.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

If you have married him as per Indian laws in India under the provisions of Special marriage act, 1954 you will be recognized as his legally wedded wife and you will have all the rights as his wife.

You may have to verify and confirm his character and antecedents before marrying him in order to avoid any such mishap in future.

Despite due diligence if at all any such undesirable event takes place then you may have to initiate suitable legal steps for relief and remedy.

 

T Kalaiselvan
Advocate, Vellore
90058 Answers
2499 Consultations

Dear Sir,

Before you are engaged to or marry an NRI / PIO, please verify through your network of family, friends, neighbors etc. (both in India and in foreign country), the following details:
1. Verify the status of the spouse as actually represented, especially with regard to the following particulars:
 Check his marital status: whether single, divorced, separated
 Employment details: qualification and post, salary, address of office, employers and their credentials
 Immigration details: type of visa, eligibility to take spouse to the other country
 Financial status (to be verified with the employer)
 Criminal antecedents, if any
 Family background
2. Check the following documents relating to the spouse and keep a copy with you and your parents:
 Visa, passport
 Social security number
 Passport number
 Tax returns of the preceding 3 years
 Proof of Address in foreign country
If you are not able to verify this information through your network of friends, relatives, you may contact the local Indian associations/ bodies/ NGOs etc. in the country where the NRI/PIO fiancé is residing to seek help in checking his details/background of the fiancé.
3. Remember the following strict Don’ts in respect of NRI marriages:
 Do not blindly trust any bureau, agent, tout or a middleman.
 Do not ever agree to forge papers or enter into any fake transactions for any reason or on any pretext.
2
 Do not fall for any schemes to be able to migrate to another country, or promises for green card through marriage
 Do not finalize matters in secrecy. Publicizing and sharing the information about the NRI marriage amongst the near and dear ones, friends and close relatives could help you in getting vital information which you may not be able to collect otherwise.
 Do not agree to have only a registered marriage or getting the marriage solemnized in a far off place.
 Do not agree to the marriage taking place in the foreign country.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

- You can file complaint against your spouse and even proceed with legal action.

- Once the proceeding is initiated, court may direct the Govt to act against him and you can even complaint to embassy which shall take serious action against him.

- However, to safegaurd yourself, you can request him for agreement in shape of MOU for future understanding. 

 

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

you can file a petition for restitution of conjugal rights. If you don’t want to stay with him and want maintenance you can file a petition for maintenance under 125crpc.

 

Mohammed Mujeeb
Advocate, Hyderabad
19337 Answers
32 Consultations

You can file various case like fraud, maintenance against him. 

You can lodge FIR against him for criminal breach of trust and cheating.

You can give complaint to national commission of women against your husband. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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