• Suggestions to get husband

got married and came to USA 3 years back. Currently I am working on H4 EAD as research assistant in university.
Me and husband have some marital issues from starting of our marriage. He always listen to his parents and do whatever they say. My parents have given xx lakhs of dowry during our wedding and still his parents are demanding more. I was pregnant last year, forcibly they have asked me to abort the baby here. Two times he took me to india and tried to leave me there. 
Then somehow we sorted our issues and started living happily, I got my EAD and started working here. Two months back he went to india and forced me to join him, but I dint accompany him. 
There is no text or call or response from him till date from him. I checked his i94, it seems like he landed last month and staying away from me. I have heard from some of his family members that they are planning for divorce
Regarding divorce if he apply in USA, what should I do?
We have given lot of dowry and they are still demanding more. Should I give dowry complaint in india
can he cancel my EAD anytime here?
But still somewhere inside my heart I love him and doesn’t wanna give divorce and sort out the issue, stay with him. Please suggest me
Asked 3 years ago in Family Law
Religion: Hindu

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25 Answers

In case he applies for divorce he cannot get it in US as you must have been married in India under the Hindu law. US district court has no jurisdiction unless of course you have no objection to it. Therefore in case he files for divorce in US refuse to come and don't submit to the jurisdiction of the US courts.

In case India you'll get notice and time to reply.

File a fir against him for mental cruelty and dowry demand from his family.

Also file a domestic violence case against him and his family.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

He may file a divorce petition in India. You should go back and file an fir and domestic violence case immediately. He'll not be able to come back so easily if you do it.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

He cannot get divorce in a US district court unless you accept the jurisdiction of the US district court and appear in the case. No fault divorce decrees are granted by the US district courts even if the opposite party doesn't appear but the divorce granted in the US will NOT be valid in India and he has to file a fresh divorce petition in India in case he wants to remarry.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Ok. So he has deserted you already. That means he will file for divorce in the US and obtain ex parte divorce decree.

Your parents may file a case of domestic violence on your behalf. In fact lodge an fir through your parents against him.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

No that is not valid in India. You should file a complaint against him in India through your parents make him and his family a party if you too want divorce. If not then talk to him through relatives or friends. 


In case he files a divorce petition in India then you'll get notice and can defend yourself.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

No generally he needs to validate it in india.ecparte divorce without notice given to you is not generally accepted in India 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1) you can file complaint of dowry harassment in india under section 498 A of IPC 

 

2) if husband files for divorce in USA object to jurisdiction of US courts as marriage solemnised in india and divorce should be on grounds recognised by HMA 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

 

We do not know whether your husband intends to revoke your visa 

 

travel t o india try to resolve your marital issues 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

 

No fault divorce obtained abroad is not valid in india 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Avoid travelling to india if you will have problems returning to USA 

 

your parents can file dowry case against your husband 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

 

If husband files for divorce in USA file petition in india for RCR 

 

seek stay of divorce proceedings in USA 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

1. Ex parte No fault Divorce obtained from USA will not be legally valid in India as USA is not in the list of Reciprocating countries recognised by India.

2.  If both the husband were given equal opportunity in USA to present/defend their case and attend the divorce proceedings, then only such divorce would be valid in India.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

- Before getting reply of your query you should know that 

- 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.

- Further, if the matter is contested between parties in US Court, and after due adjudication and trial, divorce is granted, then it will be valid and binding in India. 

- If, the matter is uncontested, one party comes back to India where marriage had taken place and contest proceedings in India, divorce as granted by US Court will not be applicable in India. 

- Further, Ex-parte decree of Divorce granted by US Court will also not be recognized by Indian Court.

- Hence, if he files a divorce case in US , then without your appearance before the court , the decree of divorce granted by that court will not valid in India. 

- Further , if he files a divorce case in India. then that may be valid after passing three months from the date of passed the decree. 

- Further, if you want to live with him then you can file a petition for restitution for conjugal right in India , to direct him to join the matrimonial life with you. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. Did you take any consent from him for getting the Employment Authorisation Document? If not then he will not be able to get your EAD cancelled. In such cases, husbands refuse to sign the application forms for extension/renewal of Dependant Visa.

 

2. You can file a 498a case in India since you already have evidence of his taking dowry from you.

 

3. You wont have to give him divorce, the Court will issue divorce decree.  If the USA Court isues divorce decree, you can claim 50% share of all his assets he has created post marriage as per USA law.

 

4. If he does not want to stay with you, it is no point in hoping that you shall continue to run a family life with him.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Yes, he can withdraw his sponsorship on your said dependent Visa.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. In USA getting decree of divorce is very easy.

 

2. If you do not attend, he will get the decree ex-parte.

 

3. You should contest it fittingly asking for 50% share of all his assets he has a accumulated after his marriage with you.

 

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. You can also file a DV case and also 498a case by signing the plaints before the appropriate officer of Indian Consulate and send it to your lawyer in India for filing before the Court.

 

2. Make sure that your husband gets the summons and are compelled to attend the India Courts specially the for the Criminal Case to be filed u/s498a of IPC.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. No, that ex-parte divorce will not be considered as valid in India unless it is vetted by Indian Court .

 

2. For getting foreign judgment approved by Indian Court, the parties are to file an application here and ex-parte decree of divorce will not be approved by Indian Court an for that you two shall remain husband and wife till you are legally divorced follong Indian Law.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1.      If a wife does not want divorce, it is very difficult for any Court of pass a decree of divorce. It is not possible for him to approach any U.S. of Indian Court from hiding. Any divorce granted by foreign Court is accepted by Indian Court under very stringent conditions which are impossible to mee. 2.      You have many rights to force to him to joint you. You use Indian law against him by filing complaint against him and his family through GPA. You can appear in Court for giving evidence through VC. 3.      Husband as H-1B holder can revoke your visa.

Ravi Shinde
Advocate, Hyderabad
5128 Answers
42 Consultations

Giving him divorce or not is a decision that you have to take.

But you can always remain away and decide not to participate in the divorce proceedings in USA, even if you receive the summons. 

If the US court is passing a one sided divorce decree , it is not valid in India.

You can, as a retaliation and to bring him to negotiation platform lodge a criminal complaint against him, his parents for the dowry demand offence.

Once he realises pressure due to this, he may agree for reconciliation and rejoin you, but it depends if he takes a decision against.

If you are at  USA on your own visa, it cannot be cancelled even if you are getting a divorce through USA court in future.

However yours is a H4 EAD, it means:

Employment Authorization Document (EAD) for H4 visa holders allows H4 visa dependent spouses of H1B nonimmigrants to legally work in the United States

In this situation there is an imminent danger for continuation of your visa once your marriage is dissolved by a decree of divorce through an US court, you need to take extra care about that aspect.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Your husband cannot be able to revoke without a divorce decree.

Although your husband or spouse can't cancel your spouse visa, the Home Office does have the power to do so.

In most cases, after notifying the Home Office of the separation, your spouse visa will be curtailed to 60 days. You should use this time to apply for leave to remain or to leave the country.

If you return to India and if your visa is still valid till September this year, you can very well travel back since your visa is valid till then.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

The USA court will grant divorce even without you participating in the divorce proceedings.

But that will not be recognised as legally valid divorce in India for the marriage that was solemnised in India as per Indian laws.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

If you apprehend that the immigration authorities may not allow your re-entry  once you leave USA even though your visa is valid till September, then you may better remain there itself without taking any risk in that aspect.

Your parents can file the DV case on your behalf provided you authorise them to do so on the basis of the information that you have given to them about the violent activities meted out to you by your in laws and husband.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

The exparte divorce  granted by US court will not be recognised as legally valid divorce in India for the marriage that was solemnised in India as per Indian laws.

You can inform the concerned court that you are not interested to give divorce because the grounds what he has stated are false and that this court do not have jurisdiction to try the case because of the territorial jurisdiction.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Dear client,  

I'm sorry to hear about the difficulties you're facing in your marriage. It's important to understand your rights and options in this situation.

Divorce proceedings: If your husband files for divorce in the US, you can seek legal counsel to represent you in the court proceedings. You may also want to seek a restraining order if you believe your safety is at risk.

Dowry demands: Dowry demands are illegal in India and you can file a complaint with the police. However, it may be difficult to prove the demands were made and that your husband was involved in them.

H4 EAD: Your husband cannot cancel your H4 EAD. The H4 EAD is a work authorization document that is independent of your marital status. However, if your husband is the primary H1B visa holder and he cancels his visa, your H4 status and EAD will also be cancelled.

Reconciliation: If you still love your husband and want to try to reconcile, you may want to consider seeking the help of a marriage counselor. However, it's important to prioritize your own safety and well-being.

It's recommended that you seek the advice of a qualified immigration attorney to understand the impact of a divorce on your immigration status and to explore your options for resolving your marital issues.

 

 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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