You can obtain injunction  from USA court restraining husband from taking the children from USA without your consent 

2) ask husband to deposit children passports with you or in court 

3) remaining alimony and child support is payable over 6 years 

foreign  judgment which is conclusive under Section 13 of the code can be enforced by:

• instituting execution proceedings under Section 44-A, read with Section 13 of the code in the case of ‘reciprocating territories’ or
• instituting a civil suit on the judgment in the case of a non-reciprocating country. 
  
  2) in present case you can take legal proceedings India for recovery of child support and alimony from your husband 

Madam,

As per the provisions of Civil Procedure Court of India, the judgment and decree passed by foreign court can be very well enforced in India also. So, if your husband comes to India and fails to provide you the alimony and child support as granted by Court there, you are suggested to file the execution/recovery case for the amount due as per decree there. The Indian Court will take same action as if the order was passed here.  

1. If he is planning to leave USA permanently without the approval of competent court in US then your remedy is before the courts in USA. You can seek injunction against him.

2. Even if he returns or relocates to India with kids he cannot escape his liability arising out of the decree passed by the US court. The decree of US court can be executed against him in India by filing an execution petition against him in the competent court to pay maintenance to you and children as mandated in the decree by the US court.

3. Even more efficacious than filing execution petition would be to file a writ of Habeas Corpus in the competent High Court in India to recover the custody of kids.

1.  Even if divorce is obtained from US Court, it will not be treated as legal in India and you can't take any action in India against your husband based on the divorce decree obtained from US Court, because it's not recognised in India. For getting alimony and child support, you have to file in US Court only. You can't be choosy to select one country for obtaining divorce and an other country to implement its orders.

2.  Better to opt for Mutual Consent Divorce from Indian Court.  Let the couple apply for divorce in India under Hindu Marriage Act.

Unless you don't validate the said divorce decree in india. It's difficult to enforce the same in India. You can get the same enforced in US If he doesn't follow the same. In India even If you approach court there is less likely chance that it will be honoured. You can file domestic violence case in India and demand the child support and alimony. You can also rely on the said agreement in that case to compel him to pay the same

Simply lodge a complaint with police that he is planning to mislead court and abscond

You can submit that mutual agreement in the Indian court and ask for further maintenance amount to deposit in the court without any excuses, so court can deposit in your bank account. ....And mutual consent agreement is accepted in the  Indian court.

1. In India you can file fresh case of maintenance under PWDV Act both for yourself and the children. 

2. In the meanwhile you can initiate proceedings in USA to stop him from leaving USA without honouring the terms of settlement. 

3.  The cases in India can be filed only if comes to India od you along with children returns India for good. 

You can file an application before the court in the USA stating that you apprehend these facts, and demand him to pay all the money in advance before leaving the country or he shall not be permitted to leave without fulfilling the conditions in the agreement.

I would suggest you to take an advance action in the USA before he leaves , as it will be difficult to follow up the agreement here.

If the passport is deposited than how can one leave a country.

You inform the US courts that you suspect your ex husband is about to escape US in order to avoid paying you the alimony and child support and ask court to record a statement from him that he will continue paying the amount even if he goes to India.

Hi 

In the event of your ex-husband returning to India without permission of the USA Court , the terms of divorce decree(assuming the agreement dictating mutual agreement and all financial and properties are shared 50%.) are part of Mutual consent  divorce decree are enforceable in India. through indian courts. So technically there is no need to worry on that front. 

In India, foreign court decrees  are recognised by virtue of  Section 13  and Section 14 of Civil Procedure code and Indian courts recognise foreign court decrees subject to the decree fulfilling the following conditions:

1. It ought to have been pronounced by a court of competent jurisdiction;
2. It ought to have been passed on the merits of the case;
3. It should appear, on the face of the proceedings, to be founded on a correct view of international law or should not be a refusal to recognise the law of India in cases in which such law is applicable;
4. The proceedings in which the judgment was obtained ought not be opposed to natural justice;
5. It ought not be obtained by fraud;
6. It ought not be founded on a breach of any law in force in India.

Mutual consent divorce decree generally comply with Section 13 of Civil Procedure code and hence they become implementable in India when claimants file a petition for enforcement under section 14 of Civil Procedure code.

Also, another alternative for you to apply for enforcement of foreign decree by way of application under  44A of the Civil Procedure Code wherein you can also seek attachment of properties of your ex-husband. 

Since there are 2 options available to you, you can rest assured that you will be ably assisted by indian courts.

Hope this information is useful. 

1. Is your husband still an Indian Passport holder? If yes then he is an Indian Citizen and will be governed by Indian law in India.

2. The decree of divorce obtained by you on mutual consent ground is a valid ground as per India law but you shall have to get the said foreign MCD decree validated by filing an application before the appropriate District court in India without which both of you shall be treated as husband and wife in India as per Indian law provided you have married in India as per Hindu Customs and/or HMA or SMA.

3. If both of you are the citizen of USA, then you shall have to  file a case before the USA court praying for qa restrain order in his leaving USA without your consent and/or Court order.

1. Order passed by USA Court is not valid in India.

2. Your statement "and passport already deposited do he can't take them" is not understable.

3. If he is an USA citizen, you can report the matter to the USA police station alleging that he has absconded  avoiding court order.

4. If he is an Indian Citizen, then you can file  a petition before the Court seeking maintenance for your children.

1. Order passed by USA Court is not valid in India.

2. Your statement "and passport already deposited do he can't take them" is not understable.

3. If he is an USA citizen, you can report the matter to the USA police station alleging that he has absconded  avoiding court order.

4. If he is an Indian Citizen, then you can file  a petition before the Court seeking maintenance for your children.

He is in US at present, inform the Visa authority not to issue Visa to children. Cite court order.

To enforce court order in India, you have to file execution petition in Indian court.

Since children are US citizens and court order in your favor, he cannot take chilren without your permission.

It is will contempt of cour order.

- You must file the case in India to obtain the decree of divorce from the Indian court on the ground of international order.

- Also, file the case for maintenance in India and property inheritance for children.

Regards

Vivek Arya

See you need to.file an application/petition for maintenance before court in India to seek maintenance from.him for children. If you got to know of same you can.move an application before US court asking him to deposit the child support amount before he leave.

You need to file an application before the Indian court. In case his passport is deposited in court he cannot go without same.

Your divorce decree is valid and enforceable in India.

He has to comply with the directions of divorce decree i.e., pay alimony for next six years and support the child.

In case if he is planning to leave USA without obtaining permission, you can file application seeking restraint orders  injunction against him from taking the child to India without your consent.

Even if he leaves USA by giving go-bye to orders, then you can initiate execution proceedings in India, Foreign court's orders / judgment is valid in India and the same can be invoked under Sec.44-A read with Sec.13. 

To avoid complications, expenditure, tensions and loss of man hours, the best option is you obtain restraint orders / injunction against your Husband from taking the child to India, and that, you insist him to deposit the Passport of child in the court.

 - As per law, a Mutual Consent Divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of CPC and also on account of comity of Nations.

- Hence, the mutual divorce granted in USA is very much valid in India for all purpose, and he is bound to comply the agreement dully executed by him in USA , even if he returns in India .

- Since, he is planning to leave USA, without taking permission from the Court , hence you should move an application for Contempt , before the same , where the decree/order was passed or before approaching the court, you can lodge your complaint with the local police as well. 

- Further , if he left USA very secretly , then can move an execution petition before the court in India , even through POA with the help of any relative in India, in case you cannot come to India. 

- However, if he stops to pay the alimony and child support , even after staying in USA , then better to approach the USA Court. 

1. you can approach the concerned US court to restrain your husband to take your child out of the country without your permission, 

2. you can also inform the airport authority (concerned) in this regard,

3. you can file a suit against your husband to make payment of the outstanding dues (child support/alimony)  

4. foreign judgement is executable in the India through the proper Court

You can file a petition before the jurisdictional court in US seeking its direction to your ex-husband restricting him from leaving US before he fulfills the conditions of the agreement entered into at the time of divorce to pay child support for next 6 years. 

You can ask the court to direct him alternately to make the entire amount as deposit with the court before leaving the country  as he is not likely to return to US to pay the child support once he leaves the country or he may not be permitted to leave the country without making the payment.

You may not be able to execute the US decree in India due to various cumbersome legal process and practical difficulties. 

It will be difficult for you to claim alimony or child support amount through Indian courts, especially it will be a cumbersome process to enforce US court decree in Indian court. 

Therefore you may take action while he is still in US instead of repenting over your mistake by allowing him to travel back to India.

In India, your alimony or maintenance case may run for years and yo may have to present in India for that 

1. You can file maintenance case in India as per judgement of us court for maintenance of remaining period.

2. Yes Indian court will definitely help you to get maintenance as per mutual divorce agreement between you. 

Ans: If he leaves US without informing then  you should file an application in the court as an contempt application.

As per the judgment of the US court he is legally bound to adhere to all the terms and conditions of the decree and honor its clauses. 

You can even write to the Indian Embassy there to withold him from leaving the country as he is duty bound by the decree / judgment of the US court. 

If there is no restrain order from leaving the country he may go for short time . if there is a order you may file an application before same court stating all facts. 

a decree passed by a Foreign Court has either to be executed under Section 44A or a fresh suit has to be filed for its enforcement. A foreign divorce decree is considered to be conclusive under Section 14 of the Civil Procedure Code if it passes the test under Section 13 of the said Code.

you can file maintenance case in indian court. 

You may file an injunction application in US itself restraining him from going to India with the kids and even if he goes, he should give in writing that he will return. He should clarify that he is not permanently going back.

For child support and alimony the decree of the US district court should be presented before the Indian district court and the court will issue appropriate orders.

Yes he has to pay the amount already agreed upon by him. File a maintenance application.

1. As per the information mentioned in the present query, makes it clear that he has not been obeying the court order in any way.
2. I would like to appreciate you that you can approach the court of law in US also as you are already having the court order that says that he has to take permission before leaving permanently.
3. Once you approach the court of law then his presence will be required in court and then the matter proceed accordingly.