Send a legal notice.
If he fails to respond file a petition to restitute the marriage.
Regards
G.Rajaganapathy
High Court of Madras
US Indian citizen married and absconded
My Sister 45 Years old got married to a US Indian Citizen, Doctor who is 48 Years old, divorced to a american lady and living with 2 boys aged 11 & 8 years old. They got to know each other through matrimonial site and after couple of interaction, they decided to get married and he flew from US to chennai to get married, from the groom side only his parents came for wedding since they live in chennai and none of the other relatives came, the marriage happened in 5 star hotel with all expenses paid by girl family. The groom never took any dowry from the girl family Immediately after 2 days the groom left to US after marriage saying that he will apply for Visa for the girl, this happened in June 2019 and after he left they both were talking over phone and one point for a small petty issue, the guy stopped talking to the girl and there is no response for the messages too, their parents living in chennai also went to US and staying with him, Now they also not responding for any of the messages or calls, they all blocked all of our family members no and till now no response from them? Now the quetsion is.... What all the legal ways to make her to live with him? If that doesnt work what are all the legal ways she can bring him before justice and seek remedy?
Asked 4 years ago in Family Law
Religion: Hindu
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16 Answers
File FIR of cheating and dowry demand. If they will appear in court - their properties in Indian will attach by court and also impound of passport if carrying Indian passport.
FIR may create pressure on him and pursue to take her with him otherwise he will face the justice of duping the girl.
File petition for RCR under section 9 of HMA
2) seek maintenance from husband
3) also file DV case seek alternative accommodation, maintenance, compensation for mental torture undergone by you
Since he is a US citizen now and dont hold a Indian Passport, will that be valid to file a restitute or filing a FIR against him? He is in US and settled with Kids and seems he has got no idea to return to india and so he took his parents also with him. the only thing remains here is their parents house in chennai where the girl lived for a week only there and now its also locked and no response for whatsoever we approach
Asked 4 years ago
1. Since he has flown back to US even if your sister is able to get a residence order from court in India under DV Act it cannot be executed in US. Your sister must avail her remedies under the US legal framework in US if she wants to live with her husband.
2. She is free to file for dissolution of marriage in India but service of summons to her husband in US will be an uphill task.
1) since marriage is solemnised in India petition for RCR can be filed in India
2) husband is bound to maintain his wife and you can seek maintenance from husband in RCR petition or under DV act
At least his parents will face Indian courts. Tell the girl to check in the house as her matrimonial house and start living there.
Their name will also include in FIR, co accused. They will extradite to India and if not than attachment of property - pressure will mount on boy.
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
See since they have not lived together and there is no dowry or harrasment no criminal.case to that effect cam be filed.
Also.since he is US citizen bringing him to India shall be hard she can file for maintenance under 125 crpc court shall pass order in case he fails to appear before court and issue warrant also can attach the property.
Also you can file for divorce if he is not ready to stay.
See it is better to file divorce and if fail to appear seek.exparte divorce from court.
For the present she can file a restitution of conjugal rights case against him, but she should have it addressed to his US address.
If he turns up then she can get him to the mediation cell and get the case reconciled through mediator or she may plan to initiate any other legal steps against him as per provisions of various laws.
If he is not responding to the summons or not turning up before court for this case, she cannot do anything about it,
She cannot take any legal action to extradite him from US to India, especially if he is an US citizen.
She may have to wait for him to return on his own.
She can very well file a RCR case against him.
She can get a FIR registered against him for the offences of cheating, i.e., by marrying her and fled the country with the dowry amount(even though he had not taken any dowry),
She can get a residence order and also an order to break open his parents house which is her matrimonial home, which will put pressure on his parents and they may intervene to reconcile the differences and bring a solution to this on the pressures being mounted on them.
His parents being Indian citizen, cannot live in that country for a period more than 6 months, they may have to return , during that time she may prompt police to arrest them on her false dowry harassment complaint in order to get Justice from her husband who fled away within a short period after marrying her.
Her complaint to the police should include her parent in law too besides him, so that this may put pressure on him .
Ans:- File an FIR against such a person as by his actions it is highly probable that he is not going to come back to In dia.
Yes FIR can be filed against him. Proceedings can be fine through external affairs ministry
1. Your sister should lodge FIR against him and his parents for fraud, criminal breach of trust and dowry demand etc.
2. She should also file DV case against parents of husband to create pressure.
3. A complaint should also be sent to National women commission against her husband and his parents.
Wife can file Section 9 RCR . she can also file Maintenance under 125Crpc.
marriage performed in India in that scenario wife can file Maintenance and Dv against Foreigner husband.