Return to your USA
2) if husband abuses you file poluce complaint against him
3) file case seek spousal support from husband
Seperation
My husband and I got married in India, then we went to USA and had been living there from 2018 to 2019 end. My husband and I were having issues. He has anger issues and a bit of narcissist. He abuses me too often. I came back to India in Jan 2020, he came in March to have discussion. We stayed at his parents' place for almost 3 months, where he only got worse in his behavior and got physically abusive. I came to my parents' due to this issue with everyone's consent and asked him to meet for discussing the matter. Now he lied about not leaving for USA during Covid and left without informing me. after leaving he cajoled me that he is sorry and wants to make things correct but after few months stopped receiving calls and replying when i said I do not want to talk to his parents for a while due to their ill behavior with me. He also said to close friend he won't return for atleast another year. I am on F1 visa and i can go back but whenever i plan he tells me he is not comfortable in living with me and sort of threatens not to come. What are my options now?
Asked 3 years ago in Family Law
Religion: Hindu
12 Answers
Thank you so much. He also has sort of send the message through a friend, that he already filed some sort of report that if I complain against him in USA, it's preplanned which I don't know if is true, Is it even possible? If yes where should I check? I checked with local police and found no such complaint, where else can I check? Can I report the matter before anything happens, somewhere in USA? Can I file case seeking spousal support in USA, even when I am on F1 visa(independent) and not on H4? If I or he or a we both want divorce in California, USA, would it be valid in India? What are pros and cos in each situation?
Asked 3 years ago
Husband must not have filed complaint he is just trying to scare you
2) you can seek spousal support form husband in USA
3) no fault divorce is not valid in India
4) mutual consent divorce would be valid
1. He cannot restrict you from coming back to your matrimonial house until and unless you yourself willingly refrain from doing so.
2. It depends on the place of registration of your marriage as to where the action of divorce sustain. If you registered your marriage in India then Indian Family Courts shall have jurisdiction to decide your petition for divorce. If your marriage registration is in USA then personal laws for divorce of USA shall apply.
3. You application and order of divorce procured from Courts of USA shall have corroborative value and not conclusive value in eyes of law in India. You have to get such order of divorce from USA apostille before Indian Embassy there and then produce before the Family Court with competent jurisdiction in India for annulment of your marriage registration done in India.
4. For threatening calls and messages you are always free to approach Indian Embassy there at Calfornia USA in either of the cases viz. for staying at your matrimonial place in USA with security and also for physical abuses and harassment caused to you by your husband.
See you need to understand few things filing series of cases against him will not yeild much for you rather it will yeild for the lawyer only.
Best is file maintenance case and pull out money and a flat hope the basic needs should be acquired which is alimony and a flat or a house.
Yes, you are free to file case in USA as well as in India , mutually agreed divorce is good in this situation which is valid either obtained in India or USA.
As long as you remain in USA you can get every legal support therein which a married American is entitled in USA.
So you are free to explore every legal options in USA. This marriage is not working and hence go for mutual dissolution of marriage if your financial security is ensured.
1. Negotiate with him for settling the dispute for which you might have to talk to his parents to normalise the situation.
2. If you do not want to carry on with him at his terms, then negotiate with him to jointly file a Mutual Consent Divorce petition at agreed terms which will be decided within 6 & 1/2 months from the date of its filing.
1. You can lodge the complaint now to the concerned police station in the USA directly and also through the USA consulate in India.
2. You can also seek spousal support before the USA Court and also Indian Court.
You can decide about continuing or not the almost ruined and broken married life.
The tortures are continuing till date and it may be a never ending tale.
As he is very hostile, indifferent and arrogantly rude in his behavior, it may not be possible for him to return to normalcy nor the possibilities of amending his character appears to be very bleak.
Therefore you may decide to quit the married life legally through court of law after discussing with your elders and a lawyer.
The proposed divorce case in USA may not be recognized as legally valid in India especially if it is granted on no fault or irretrievably broken grounds.
You may make a complaint with his office about his ill treatment and other cruel acts unleashed against you.
You may decide judiciously before taking any decision about initiating legal action on this matter.
1. You have to firstly decide what you want. If you want to stay in the marriage then you can go back, else you are free to file a petition for divorce in India or US.
2. If you file divorce in India then service of summons on him in US will be an uphill task in the first place. So better option will be to file it in CA.
3. Decree of divorce passed by a foreign court, to dissolve marriage of an Indian citizen, is absolutely valid in India.
Dear Client,
You may ally for a degree of divorce.
