1) your husband cannot remarry during subsistence of earlier marriage 

2)you should contest the divorce proceedings filed by your husband 

3) contested divorce proceedings take over 5 years to be disposed of 

4) seek interim maintenance and alimony from husband 

5) seek sole custody of your child 

6) husband would not get child custody 

7) welfare of child is paramount consideration 

If the child was born in the US then he is a citizen of USA and hence child custody can be filed in India and the US government will be more inclined to give him custody.

If he was born in India then you have a strong case as the child is an infant and mother's role is very important.

A maintenance and a domestic violence case must be filed by you in India. The divorce petition filed by him should also be opposed and a hefty alimony must be demanded in case you too want a divorce. 

Hello,

1. As long as the case under 498 A prevails, he won't succeed in getting away with a custody petition and besides, as the child has been all along growing up with you, it would be easy for you to prove that you are a better parent.
2. He cannot marry in the US unless he obtains a decree of divorce in the petition he has filed.
3. To bring him back to India to face trial in 498A, you need to pursue the prosecution by engaging a lawyer privately. 

The child is in your care and custody in India.

Since he has already filed a visitation rights case in India, if he files child custody case in US, you can give a reply from here itself to the US court that the case is not maintainable because he has sought the same relief in India.

In U child custody cases, Statistics show that women are awarded child custody in nearly 90 percent of all cases.

You can challenge the same properly by engaging an attorney at US. 

For US child custody case he has to prove that he was taking care of the child all along and that his wife is not willing to return to US, moreover he should be a US citizen or a NRI.

Besides, after getting a decree in US ion his favor, he may have to file a case for taking the child to US on the basis of the US child case in his favor. It is a long process. 

You can prudently challenge his cases at every step/stage and get his cases dismissed. 

you dont have to give him child custody. Custody order of US is not applicable in india. You can contest the custody case filed in india along with other cases filed against him. You can also file other cases like domestic violence, 125 crpc application for maintenance against him.

- He did mistake by filing divorce case in India instead of filing in USA. He cannot remarry in India or USA until divorce case filed by him gets decided.

- He can not get divorce based on allegations you described. Nobody ever got divorce on ground that wife was roaming with ex-boyfriend(s).

- Why you not filed DV and asked interim maintenance, Residence and alimony. Do it immediately as I believe its still in limitation due to lockdown.

- He can not get child custody. He did mistake by filing both child custody case in India instead of US.

Your written submissions are showing that you are subjected to cruelty from your husband 

- Hence, you should know, that legally you are having following right  :

1. As per law, A wife has the right to claim decent living standards and basic comforts of life from her husband. Hence for claiming the maintenance, you can file a petition under section 125 CrPc.

- Your husband is under legal obligation to provide the same to you at any cost, even he is in India or abroad. 

2. Law entitles wives a basic right to reside in the matrimonial/ home, whether the house owned by her husband or his parents, a rented property or officially provided to him. 

- Hence, for claiming your residential right, medical expenses etc., and also for teaching a lesson to the family members of your husband, who subjected you torture & harassment, you can file a petition under the provisions of Domestic Violence Act.

3. As per the Supreme Court, A wife has complete ownership rights over all her Streedhan, the gifts and money given to her before and after marriage. The denial of Streedhan to the wife makes the husband and in-laws liable for criminal charges. 

- And further, if the husband or his family members subjected a woman to cruelty for the dowry demand, then they can be booked under Section 498-A.

- You can lodge a written complaint against your husband, in the Women cell/Mahila Police, after mentioning all the details of torture & harassment. 

- If your husband files a divorce case, then you can take legal action as mentioned above , then he will himself pray you to forgive him , and the cases will not finish until you will decide for the same. 

- Further , legally he cannot marry without taking divorce from you , and also cannot get custody of child without your consent , as mother generally got custody 

- Further, the court has power to revoke his passport , if he failed to comply the order of the court . 

You can contact me , if detailed suggestion needed. 

1. He has not yet been proved as a criminal and has not yet been punished. 

2. He will be brought to books once punishment is awarded to him.

3. You can file an application praying for maintenance and if he does not pay the maintenance amount, you can pray for issuing warrant against him or for impounding his passport in due course.

You can claim maintenance only from date of application and not for last 2 years 

2) court can award 25 per cent of net income of husband as maintenance 

Dear Maam,

1) If your husband remarries you can file complaint against him for bigamy.

2) You have to file suit under sec 125 Crpc for maintenance of you and also seek maintenance for the  kid.

3) You will have to contest the divorce proceedings to gain time and ask for hefty alimony form the husband.

4) Contest the custody of child, the court will be more inclined to pass order in your favor as the child has been brought up and taken cared of by you so far. 

5) Even if the foreign court passes any order it cannot be conclusive and cannot override the consideration of welfare of the minor children.

Thank you

You can ask anything but court will weigh your present standard of living, expenses, his expenses etc to decide the maintenance. there is no straightjacket formula for deciding a maintenance amount

To bring him back to India you may have to file a crimninal case against him under section 498A IPC and other related sections of IPC and dowry prohibition act. 

Under maintenance case you cannot get him deported to India and the warrant can be executed only when he is in India, therefore that may not help you or come to your rescue.

However if the maintenance  case is decided in your favor  you can seek for attachment of his property towards security and can keep the warrant pending for his arrival to execute the same. 

About the quantum of maintenance  you may have to prove his income with documentary evidence, the court may grant 1/3rd of the proven income. 

1. No citizen can be confined without jail term is awarded to him after completion of trial.

2. What is the use in bringing him to India if he does not want to continue the matrimonial relationship with you? 

3. You can claim 1/3rd of his net monthly income for the maintenance for yourself and Rs.10,000/- O.M. towards maintenance of your child for maintaining both of you as per his life style.

4. The Court will multiply is net income with PPP (Purchasing Power Parity) relating to India and then award the amount as maintenance..

Its not greed but necessity because he have to pay maintenance for kid. he cant escape it even when you will not allow kid to meet him.

But unfortunately you also did mistake by not filing maintenance.

Maintenance you will get from date of filing and not from past date.

the amount you can ask depend on your income also. 

Now you can not file DV because of delay but have to file maintenance u/s 125. 

He have no dependent wife but if he try to marry again in US and you can get proof of that then he will be arrested. 

- YES, You can claim at least one fourth of his income , and further if not having any responsibility then you can ask more amount from him. 

- For getting interim maintenance , you will have to file a compliant under section 125 CrPc .

- Further, that minor kid can also claim maintenance from his/her father under your guardianship .

1. His passport has been released by the court and he has been allowed to return to US. If he does not violate any of the conditions precedent to the release of passport imposed by the court then no coercive steps laid down in the law can be initiated against him. You cannot expect him to be declared guilty without trial. He would become a 'criminal' only after he is declared guilty at the culmination of trial.

2. He cannot be detained indefinitely in India during the trial. As and when ordered to appear before the court he has to appear.

3. If he files a petition for child custody in US then you can contest  it fittingly.

4. As long as the child is within the jurisdiction of Indian courts any decree passed by a court is US awarding the custody to him cannot be executed if a court in India passes an order in your favour qua child custody.

1. You can ask for moon when it comes to maintenance for yourself and child. Court has to balance the equities and award a reasonable sum.

2. Maintenance is ordered by court to be paid either from the date of filing of case or date of passing of order. You cannot seek maintenance from a retrospective effect.

The maintenance amount can be increased and should be done as such. The previous maintenance should also be demanded.

You are not at fault wnd hence you are entitled to maintenance.

You can claim maintenance in the DV case;

You can claim compensation for all the cruel acts done by him which are termed as domestic violence in the DV case

You can claim return of all your articles in the DV case.

You can claim residential rights in the DV case

You can seek protection order in the DV case. 

So by filing the DV case you will eligible for various benefits mentioned above.

You can file DV case to claim right to stay in matrimonial home or alternative accommodation, maintenance and compensation for mental torture undergone by you 

Dear Maam,

1) It is always open to wife to ask for reliefs under Sections 18 to 22 of the Domestic Violence Act and Interim relief under Section 23 of the said Act. Even If you have filed case under sec 498 and 125 crpc.

2) DV ACT  grants specific reliefs to the wife such as residence orders, maintenance, monetary help, injunction from husband entering the residence , custody orders and compensation for the mental and physical torture as well.

3) Thus there is no bar against you if you wish to seek any of the reliefs under the act.

Thank you

If you are earning then it is highly unlikely that you will get maintenance. 

But if you are not earning and/or there is huge difference in earnings of husband and wife then you will get maintenance. 

But DV case purpose is not only maintenance. 

It is a step which can/to be used.

Along with maintenance you can ask for 

- Claim huge compensation for domestic violence.

- Claim residential rights in the DV case.

- Return of your stridhan (Jewelry, cash, gifts) and all your items.

- Seek protection order.

1. You are free to file DV case and claim multiple reliefs set out in the act.

2. DV is neither civil nor criminal.

3. In DV case neither party has to appear personally in the court except at the time of evidence.

4. You will get maintenance in either 125 or DV, not in both, but in DV you can get monetary compensation.

DV  is NOT  a civil matter. It is a criminal complaint lodged against the husband and his relatives and friends who indulge in physical and mental violence against the wife. Therefore file a complaint against him under the domestic violence act. Demand maintenance under it and ask for accommodation.

1. Your question is "why some one files DV case along with 498 A"

2. The answer is that if there is occurrence of  DV on a lady, she files DV case against the person of the family who committed the said domestic violence. Similarly, 498A complaint is filed if there is any dowry harassment.

3. Even in case of criminal case, the accuse can pray to the Court for waiving his regular appearance giving an undertaking that he will make him available before the Court whenever asked by the Court.

4.Tou first set your clear objective/goal and file the cases accordingly.

5.  Forcing the husband to be confined to India when he is employed abroad can not be an objective to start litigation.

- DV is not come under the provision of CPC as it is governed by the CrPc 

- If she already lodged FIR under section 498A , even then she can file DV case for claiming residential right etc. 

- However for getting interim & permanent maintenance she can file compliant under section 125 crpc. 

Dv is a criminal case. You can only file if there is domestic violence. Yes it's important to attend the court if filed. Yes dv is for additional maintenance but court will weigh other maintenance provided to you in other laws and applications before granting maintenance under dv

It's based on what lifestyle you enjoyed during marriage. You will get more maintenance as per have his income. If you need any further assistance then you can approach me through kaanoon or LinkedIn.

1. The would direct both the parties to submit assets and liabilities affidavit and would pass the order to at least 25% of the proved income. 

2. Probably your lawyer is incorrect in his opinion. 

There's no such provision in law. 

But that will not prohibit you from filing the domestic violence case even at this stage. 

DV is continuing offence 

you can file DV case even now and seek maintenance and compensation from husband 

you should get more than Rs 20000 in 125 cr pc 

1. This is not a fact that the wife can not ask maintenance based on the income of her husband while filing petition u/s125 of Cr.P.C.

2. Neither you nor your lawyer can predict how much the Court will allow maintenance for you.

3. Court will ask your husband to submit affidavit disclosing his income as per the direction of the Supreme Court.

4. You can also file a DV case now showing valid reason for the delay in filing the same.

Dear Ma'am,

1. The amount of interim maintenance depends on a lot of factors-

• the status of the parties
• reasonable needs of the wife and dependent children
• whether the applicant is educated and professionally qualified
• whether the applicant has any independent source of income
• whether the income is sufficient to enable the applicant to maintain the same standard of living as she was accustomed to in her matrimonial home
• whether the applicant was employed prior to her marriage
• whether she was working during the subsistence of the marriage
• whether the wife was required to sacrifice her employment opportunities for nurturing the family, child-rearing, and looking after adult members of the family
• reasonable costs of litigation for a non-working wife
• Age and employment of parties;
• Duration of the marriage;
• Maintenance of minor children; and
• Serious disability or ill health of a spouse, child /children from the marriage, or dependent relative who require constant care and recurrent expenditure, would also be a relevant consideration while quantifying maintenance.                                                                                                                    

The aforesaid factors are not exhaustive, and the concerned Court can exercise its discretion to consider any other factor/s, which may be necessary or relevant in the facts and circumstances of a particular case.

2. Yes, you can file for a divorce petition.

Thank You.

1.  No, it is not true that you deserve to get only Rs.20,000/ if his net income is 4 lac, 

- You have your legal right to claim as per your standard of living and as per his income , hence you are entitled to get at least 25% of his income i.e. one lakh p.m. 

2. No he is wrong to say that a DV case needed to file for claiming heavy maintenance . For claiming maintenance  DV is not mandatory , and it must be claimed under section 125 CrPc.