• Divorce

My husband bought from USA in 2024 Jan on false pretext of his grandfather illness and told me to go to my home as he and his mother has to be with his grandfather ,this is exactly when my stamping has expired and when I asked him about booking slots he told me to relax and sweet talked to me saying to utilise this time on fitness and spending time with my single mother . 3 weeks later he told he will come visit me but returned to USA without informing me and blocked all means of communication. his father is a small advocate just handles property issues But pre planned all this since 2022 to get rid of me , I was working in USA and shared rents expenses with him . Aftering coming to India I lost my job bcoz I couldn’t work from here .he applied for divorce , I applied for MC , RCR, filed 498a criminal case for abandonment, now filed for interim maintenance this year as he gave power of attorney to his father . he keeps the eating me through legal notices saying he will apply for civil suit for defamation as I sent mails to him his brother in law explaining All this about his family . now I got job in India but my salary is very low compared to USA . I still have valid ead (work authorization) in USA till 2026 . But as my husband took my travel document including (my h4 visa docs, his H1b approval copy which is needed for stamping in India ) I’m unable to travel to USA , he planned all this thinking if I have filed case in USA with police I would got U-visa and green card slowly . He would have paid me alimony . And the system is slow here I have all proofs like his WhatsApp messages , his I-94 to show his return to USA without me . His payslips from 2020,21 , he earns more in USA . please suggest what shud I do now I have not filed dvc yet or civil suit for damages my lawyer said you already have so many cases . I have lost usa income from 2024 Feb to till now and I will loose another one year of income if he doesn’t give me documents copies . and how i ask my wedding expenses is won’t and return of gold Jewlery ? what proofs is considered i have wedding photos videos wearing that would that be sufficient ? I have lost my life and money . and now litigation costs
Asked 6 months ago in Family Law
Religion: Hindu

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10 Answers

1) complain to US embassy in India against your husband refusal to retirn your travel documents 

 

2) you have already filed RCR ,498 A ,maintenance against your husband 

 

3) you can file case of criminal breach of trust against your husband as he is refusing to retirn your stridhan 

 

4) the bills for purchase of jewellery would be necessary to prove that the golf jewellery was purchased for you at time of marriage 

 

5) correspondence with your husband wherein he admitted jewellery is in his possession would help your case 

Ajay Sethi
Advocate, Mumbai
99759 Answers
8143 Consultations

If you want to file case in USA you can approach Indian embassy in India to help you to approach us consulate and report all this. They can assist you to get your documents back. Indian courts will take its own time 

Prashant Nayak
Advocate, Mumbai
34498 Answers
248 Consultations

you have alrady filed many cases agaisnt him hence you may properly pursue them.

The documentary evidences about his income will be able to fetch you the monetary benefit that you are seeking.

You can plan to lodge a criminal complaint against him for refusing to return your documents which are vital for your prospective career.

You can file a DV case against his father and mother also citing their harassment as reason for the domestic violence acts against you. 

If you know his company address in US then you can directly write to his employer to instruct him to return your vital documents held by him 

The US embassy will not entertain your complaint against him. 

T Kalaiselvan
Advocate, Vellore
89962 Answers
2490 Consultations

It is not as easy as you think to get all those documents including the documents pertaining to him.

Generally the Indian laws don't entertain maintenance to employed women, however since your case has already been filed, you may pursue that.

If he is not accepting the summons sent by post then you can file a petition before the concerned court to permit you to take summons to substituted service, i.e., through email, whatsapp and also through newspaper publication. 

The Indian embassy may not entertain the complaints beyond certain level, you may have to fight them out in the court as per law.

Even though it is time consuming but the delay in the proceedings are unavoidable.

T Kalaiselvan
Advocate, Vellore
89962 Answers
2490 Consultations

Email is only additional mode of service 

 

2) you can apply fir substituted service ie by paper publication 

 

3) you should get interim maintenance 

 

4) you have to file separate suit for damages 

Ajay Sethi
Advocate, Mumbai
99759 Answers
8143 Consultations

You can file a DV case or a money suit to recover the damages.

For the money suit you may have to pay some percentage as court fee whereas in DV case you can claim compensation without having to pay court fee .

You can decide what action would be suitable to given circumstances and proceed accordingly.

T Kalaiselvan
Advocate, Vellore
89962 Answers
2490 Consultations

You will get interim maintenance as there is substantial difference in your incomes 

 

2) you cannot file as indigent person as you are working 

 

3) file DV case and seek amount transferred to husband account t and compensation fir mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
99759 Answers
8143 Consultations

- Since, you have already filed the MC , then you are entitled to get interim maintenance from him even you are working in India.

- Further, 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. 

- If they are returning your streedhan then you can file a complaint before the police under section 406 IPC and even you can mention in the Court in 498A case as well to add this section 

- Further, your husband has no right to withhold your documents including US visa , hence you can also lodge a complaint to the police and higher official against him , and send the copy of the same in the Consulate of India & US.

- Further, out of maintenance , you can residential right from him after filing a complaint under the provision of DV Act. 

 

You can contact me, if further suggestion needed. 

Mohammed Shahzad
Advocate, Delhi
15804 Answers
242 Consultations

DVC is better and effective than suit

Prashant Nayak
Advocate, Mumbai
34498 Answers
248 Consultations

File a Domestic Violence (DV) case – it’s the best option to:

  • Claim compensation for income loss, emotional abuse, rent paid, and ₹17+ lakhs transferred.

  • Seek interim maintenance – you are eligible as your income is much lower than his USA salary.

  • Request return of documents (H4, H1B copy, etc.)

  • Recover gold/jewellery (stridhan) – wedding photos/videos are valid proof.

  • Apply as an indigent to avoid court fees.

DV is faster than a civil suit and gives you more protection. Let me know if you need help filing it.

Shubham Goyal
Advocate, Delhi
2057 Answers
14 Consultations

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