A divorce is filed in U.S. You both are residents of U.S. A 498A is a criminal offence for cruelty and harassment in U.S. criminal complaint cannot be filed in India. Same principle applies of Domestic Violence Act, 2005. Physical presence can be avoided in Indian court for civil cases like divorce and maintenance under Hindu Marriage Act, 1955. You cannot file criminal cases from U.S. in India for the offence committed in U.S.

This is four you knowledge. You have many options in India. Law is in favor of women. They are doing this because you are tolerating it once you enforce your rights they will realize their mistakes and mend their ways. Following  remedies are available to you…

1. Under Domestic Violence Act, 2005—
2. You, any relative or friend on your behalf or an Advocate engaged by you can submit an application to the Magistrate or police. A notice  will be served on husband and he will be asked to attend the court on a particular date. If he fails to attend court, he will be arrested by police and brought to court. You can obtain any or all of the following  orders…
3. Protection order prohibiting husband from—
4. committing any act of domestic violence;
5. entering the place of your employment;

• attempting to communicating with you;

1. selling any assets, operating bank accounts or bank lockers held jointly by both or singly by husband including streedhan.
2. Residence order. Police will force your husband to give shelter in the shared house and restrain him from dispossessing you.
3. Monetary reliefs:
4. To meet the expensed incurred and losses suffered as a result of domestic violence;
5. Loss of earnings;

• Medical expenses;

1. Maintenance for wife and children;
2. Lump sum payment.
3. Compensation: compensation and damages for injuries, including mental torture and emotional distress.
4. 
   Code of Criminal Procedure, 1973, Section 125: you can obtain monthly maintenance for yourself and child.
5. 
   Indian Penal Code, 1860: You can file criminal case under Section 498A if there is cruelty or demands of dowry for which punishment is imprisonment upto three years.
6. If they are not giving your belongings, you can file case against them under Section 406 of Indian Penal Code, 1860 for criminal breach of trust for which punishment is 3 years.
7. Hindu Minority and Guardianship Act, 1956: father is natural guarding of boy or girl. Till the age of five years, custody will be with mother with visiting rights to father and after 5 years it will be with father with visiting rights to mother.

Employed or not, he is bound to pay for maintenance of his son. It is not easy for him to get divorce, unless you agree.  If he files divorce he has to pay of alimony compensation running into lacks. His son has right to share in his property.

It is strongly advised that you should…

1. secure your ornaments by obtaining order, not to operate bank locker and bank accounts under Domestic Violence Act, 2005.
2. Restrain him from house transferring as the same belongs to you son.

Your parents can File police complaint under section 406 , 498 A of IPC read with section 2,3 of dowry prohibition act with local police station 

2) your parents can also file DV case on your behalf 

3) you can execute POA in favour of your parents 

Dear Madam,

1. NRI's can file domestic violence case in India

2. Yes you will require general power of attorney

3. Your physical presence is not required. However at a later date, during the court proceedings, your physical presence may be demanded by the Court

Thank you

1. Your father can lodge a criminal complaint against your in laws and your husband for the offences related to dowry demand harassment and also for return of your stridhan articles on your behalf before the local police station in India  where they reside. 

The woman herself, her parents, the police, Dowry Prohibition Officer appointed
under S.8-B of the Act, or even a non-governmental organization on behalf of the
woman, can register a complaint.

If her stridhan is not returned to her, S.406 can be invoked, along with S.498A. T

2. You can file a DV case through your power agent also but you ma have to be present while deposing evidence before court. 

1. Section 498A of IPC is related to dowry harassment, You can lodge a police complaint at the place where the cause of action has arisen and/is continuing.. If you have left India few years ago, lodging police complaint now will not make your case strong. Moreover, no arrests are made now based on wife's complaint without verification as per the direction of the Apex Court passed finding that most of the 498A complaints are frivolous. As such you can lodge any police complaint before any police station in India by sending email from any place.

2. For DV case also the cause of action  is taking place in the USA for which you shall have to lodge the complaint before USA police. However, you can file the DV case in India after reaching India and signing the papers being physically present. These cases can not be filed by POA holder.

Us law and police is more active than Indian in domestic violence cases. But in the case of prostitution the law in us is not in strict sense it explain that it is trying to make ends meet and she is offering a service to different people, so there's no committed relationship. They have engaged in this relationship and many of them aren't proud of it, many of them want to come out of it, and for many of them, it's because of other situations why they are in it. It is pretty much bargaining and giving service

Domestic Violence under this law includes various forms of abuse and violence. It includes physical, sexual, verbal, emotional and economic abuse; whether directed at the wife or at any relative(s) of the wife, with a final purpose or without one. Not doing of certain things that ought to be done can also constitute as Domestic Violence.

You can file Domestic violence petition against husband under D V act  with the help of  Power of attorney. It can be used for getting return of gold ornaments from husbands parents .

1- Your parents can file 498A and DP on your behalf.
They can also file police complaint under section 406 for streedhan.
You have to give POA to them.

2) You can print the petition prepared by lawyer and get it attested in US and send to lawyer.
Your parents can also file DV case on your behalf.
No need to be physically present for filing it but for evidence both husband and wife have to come to India.

-   It will be better to give US Divorce papers also.
Also it will be better if you have any police complaint in US.

A father can file a domestic violence case against him and his family in India and a criminal complaint under sections 498A etc.

He may file a complaint. You have to be present for mediation.

1. 498A can be filed in India if either some part of the crime has been committed in India or consequence thereof ensued in India.

2. Your parents cannot file 498A on your behalf, not even on the strength of POA. You can send the complaint through email to the concerned police station but you will have to appear thereafter for the recording of your statement.

3. DV case can also be filed in India if it can be shown that cause of action ensued in India. You don;t have to be physically present to file it. It can be filed through POA.

1. Yes, you can file such cases in India.

2. Yes, DV case lies in India as well. If you give POA to your family member then your physical presence to some extent can be dispensed with.

1.Yes, but filing these cases will require your presence.

2. You will be needed here in India. 

If it is not possible for you to relocate to India, report your husband for domestic abuse to the law enforcement agencies in United States.

- All the ornaments are stridhan of wife, because section 27 of the Hindu Marriage Act, makes a female Hindu an absolute owner of Stridhan and gift received at the time of marriage.

- Further, if her husband or any other member of his family who are in possession of such property, dishonestly misappropriate or refuse to return the same, they may be liable to punishment for the offence of criminal breach of trust under sections 405 and 406 IPC.

- Further, if you can file a mutual divorce petition in US as well , if you dont want to live with him under the condition of reburning of all the stridhen kept by him, and the US decree is valid in India. 

- Further , even in US , you can file a contested divorce petition as well if you both are living there , and this contested decree of divorce also valid in India. 

1. Yes, you can file the same in India with the help of POA to your parents 

2. Case can be filed on your behalf , but at the time of evidence your presence may be required. 

You can contact me in Delhi, if further suggestion needed. 

Dear Querist

You may file the domestic violence complaint or criminal complaint about returning of your Istridhan through the power of attorney holder, they file the complaint on behalf of you. your personal presence is not required in both matters, the investigation officer may contact you over Video conferencing, even you may also appear before the court through Video conferencing.

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