File application seeking joint custody of your children 

2) in Bombay family court is passing orders for joint parenting of children 

3) all major decisions regarding children have to be taken with consent of both parents 

4) you would be entitled to access to your children during their summer ,Christmas and other holidays 

- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- Since, she run away from US , then you can give a compliant before the police as information that she without any rhyme and reason left husband , and further has filed cases against all the family members in India .

- Further , inform the lawyer to file the reply of the cases filed by her , and take plea also that a well qualified wife, who is having the earning capability & capacity, but desirous of remaining idle, is not entitled to claim any maintenance from her husband. 

- Further, as no notice is received by the husband , then court cannot pass any order against him without giving a chance to him. 

- Further, if she harassing the In-laws, then husbands mother being a woman can also file compliant under the provision of DV Act against her daughter in law for harassing . 

- Further, for getting custody of kids , the husband can file a petition before the court. 

Hi, you have no other options, you need to contest the case and you need to brought true facts before the Court.

What is your query.

You have briefly narrated the incidents and the nature of cases she filed.

If you are sure that the allegations leveled by her are absolutely  false and can be nullified in the trial proceedings, then it would be better that you challenge the same through a skilled lawyer before the trial court.

You may please note that once you appear before court in the criminal case, then you may not be permitted to leave India without court's permission, and sometimes the court may even direct you to deposit your passport to collect the same after the disposal of the case.

This way your career and employment in the foreign country may get ruined, hence you may better think whether to come to India to attend the case or to ignore it and remain silent in the country wherever you are. 

1. All cases against in-laws can be quashed at FIR stage or if charge is filed, they will be discharged by trial Court. In Rajesh Sharma v. State of U.P. clear guidelines are issued  by SC not to implicate in-laws unless there is concrete proof against in-laws. File a petition seeking quash of FIR in High Court  against all accused. Court will quash FIR against in-laws and may also against the husband.
2. In DVC and maintenance case you can be represented through GPA, but in criminal cases your presence is required in trial Court.
3. Seek direction in petition for quash of FIR to lower Court/police not to impound your passport as that will affect your career as you will prevented from leaving India.
4. As per Section 6 of Hindu Minority and Guardianship Act, 1956, custody of child below five years will be with mother with visiting rights to father and custody after five years of age will be father with visiting rights to mother. Seek full custody of kids if they are above five or visiting rights if they are below five.

He can't pressurize the judge. At the most can make submission. The matter will be decided on merits

Dear Client,

                   Being yourself a victim husband of your wife's mala fides, you may file a case against her under section 498A and seeks relieve from her mala fides and also claim custody of your children. Moreover, falsely accusing soemone is punishable under section 211 of IPC.

Thanks & Regards

Since, you mentioned that  she was working in the U.S.A. and has now migrated to India where your parents are living at present . This somewhat establish the motive of your wife to migrate to India an d pressing false charges against your parents. Since, she was working and is a post- graduate (qualified). She is not entitled for maintenance.

However, are certain precautionary measures which are advisable to you to protect you as well as your family which have been discussed in details on my YouTube channel, the link of which has been provided as:- 

https://youtu.be/JxEJZaBu4zY

Although, the exact approach depends on the facts and circumstances of the case . Therefore, it is advisable that you take proper assistance in your matter.

In case, you require my assistance in the matter, i can be contacted through my google profile.

Link for the same is attached for your reference as: https://g.co/kgs/ZMWUyY

Your kind review will be appreciated.

Legally wife can file maintenance case against the husband for herself and children if she has been deserted by husband. In your case, she would have alleged false allegations against you to file the maintenance case. As of now, the burden is also on you to prove that she had voluntarily deserted from the matrimonial life.  As a father you have right to meet the child through court order by enforcing visitation right.  In the maintenance case file a suitable reply to the allegations foisted by her. 

He should come down to India apply for and obtain Anticipatory bail from sessions court in 498A case 

2) if he doesn’t cooperate with investigations and non bailable warrant is issued against him his passport may be impounded 

3) he cannot fight the case merely by engaging lawyer 

4) if wife is highly qualified and working and there is not much difference in your incomes  she would not get any maintenance 

If you want to risk your career and future you can visit India to participate in the criminal case against you. 

She cannot get your passport impounded,  it is not within her limits. 

Lawyer can conduct the case for you but he cannot represent you during your absence before court neither there is any provision in law to give authorisation or power of attorney to represent accused in a criminal case. 

You have no option than to stay back in India till the disposal of the case if you decide to visit India to participate in the criminal case. 

The criminal case alone is the problem. 

For maintenance case you can authorize any other person as your power agent to represent you in your absence 

For child custody,  you may get a decree and judgment passed in your favor by the USA court and can get it executed in India through a power agent also. 

You may consult a lawyer in detail on all such further issues. 

It depends on case to case basis and there are no general ground. your advocate after going through her maintenance petition will decide the precise grounds to counter it and deny maintenance

Dear Client,

As per the facts which have been provided, that person can engage an advocate and file for divorce without coming back to India. He can also claim for child custody.

Hope this clarifies your query and requirement.

Thank you.