Hello , I am From Gujarat did love marriage in 2014 without family permission 1 year we live our parents home and try to convince my husband’s parents .. on Nov 2015 after they got to know about our marriage ready for marriage and we marry again on front family .. on 2019 we moved to USA . My husband is on h1 visa and I am on h4 visa .. he didn’t allow me to come back india for 5 years .. my visa was expire on agust 2021 , my husband apply for his visa and didn’t renew my visa and hide that from me for 1.5 years.. whenever I asked when I can visit my parents he says due to covid there is queue in visa renewal process but didn’t told me that I was become illegal there .. on Nov 2022 I force him to open my bank account am he came with me at bank , when officer asked for visa proof he said will bring tomorrow and next day morning he said he didn’t file for me .. I was crying ne can’t believe my husband whine o know from a decede can do this with me .. then we took attarney help and he notary that his office forgot to file h4 renewal .. and I got my visa within 1 month .. after 6 month I got to Know tha I am pregnant and I deliver a baby boy on Feb 2024 .. my second visa term was expire on Feb2024 and he apply on time and we got 3rd visa approval from Feb 2024 to march 2026 .. in Dec 2nd 2025 he told Me to visit my parents and i came India after 15 days my father passed away on Dec 15 ,2025 .. I was emotionally down and message him to come here for me .. he didn’t come not talk with my mother for single time on loss of my father .. after 2 day he go on outing so I was little disturbed so told him why you are njoying while I lost my father after that he stop talking with me and taking my call .. he didn’t call to see our son from 1.5 months. My return ticket was on 27 January 2026 but he cancel my ticket on January 21 ,2026 .. he didn’t pick up my and my brothers call and while we try to contact my father in law he always reply I will talk with him and let you know .. but he never call back .. as my visa is expire on march 2026 I am Worried about below points .. 1)- can I file for us citizen son child custody from India . 2- for getting oci of my son we need both parents permission as my husband didn’t take call , how can I apply alone 3-as I came only for visit India so my education document and everything is at my USA home how can I get back .. 4-if I can’t go back USA before march 2026 can I have to return my son ? As my husband never wanted a baby and not interested to keep him but might take custody to bothet me .. plz help .. as I am House wife and don’t have permission to work on h4 I don’t have money .. During my pregnancy my husband didn’t support and he didn’t want baby , my mil fight a lot for dowry on my marriage but I don’t have proof .. I hv proof that my husband cancel the ticket and didn’t take my calls , I hv proof that he didn’t file My visa on 2021 .. plz help
You can file petition in family court for sole custody of your son
2) issue husband legal notice to hand over your documents lying in his possession
3) you don’t have to return your son
4) also file DV case against husband seek alternative accommodation ,maintenance ,compensation for mental torture undergone by you
Hello sir , what is dv case ? And if I will not get oci will i be in fault for keeping my son in india .. Also leaving there from last 7 years I hav so many things given by my parents over there .. I don’t want to loose my son as the person don’t call to see his son for 1.5 month how can he will take care of my son .. i can’t believe on him now is their any chance he win child custody .. son is 2 year old ..
Do is domestic violence case
you won’t lose your son .seek maintenance for your self and your son
welfare of child is paramount consideration
Domestic violence case filed by wife is DV case. You need to file custody case for child
Can I file for child custody case from India ? And I done have money so is there any facility provide by govt for lawyer ? Can I alone apply for oci of my son ?
Yes you can apply. If you are eligible for legal aid as per rules of the said state you will be given legal aid
How to check about legal aid and whom to contact .. thank you so much both of you for reply and help
You can file petition fir child custody in India
if you don’t have funds approach district legal aid centre in family court
Approach district legal aid centre in family court in Ahmedabad
. The office is located in the District Court Ahmedabad Rural premises (contact: [deleted]).
Regarding your first question, yes, you can initiate child custody proceedings from India. You would need to file a petition under the Guardians and Wards Act, 1890, in the family court having jurisdiction over your current location in Gujarat. Since your son is a U.S. citizen but is physically present in India with you, Indian courts have the authority to decide on matters of custody and guardianship. The child's welfare is the paramount consideration, and the court will consider factors like who has been the primary caregiver. Given your son's young age (2 years) and your husband's lack of contact, you have strong grounds. You should consult a family lawyer in India immediately to file the petition and seek interim custody orders to prevent your husband from taking the child out of India without court permission.
For obtaining an OCI card for your son without your husband's consent, the process is challenging but not impossible. As per regulations, for minors, applications require signatures and documents from both parents. If one parent is unwilling, you must submit a signed affidavit explaining the circumstances, along with any supporting evidence of his refusal to cooperate (such as call records or messages). You can also approach the court in the ongoing custody case to seek a specific order directing the authorities to process the OCI application based on your sole application, citing the father's abandonment of parental duties. The court's order can serve as a substitute for the missing parental consent.
To retrieve your personal documents and belongings from your marital home in the U.S., you have a few options. You can engage a lawyer in the U.S., preferably in the state where you resided, who can send a legal notice to your husband demanding the safekeeping and return of your personal property. Simultaneously, in your Indian custody case, you can request the court to direct your husband, through its orders, to return your essential documents. Alternatively, with a power of attorney, a trusted friend in the U.S. could assist. While complex, these legal avenues are necessary as your educational certificates and personal items are crucial for your and your child's future.
If you cannot return to the U.S. before your visa expires in March 2026, you are not legally obligated to send your son back alone. Forcing a two-year-old to travel internationally without his primary caregiver would be detrimental to his welfare, a key factor in any court's decision. By staying in India and formally filing for custody, you are establishing that the child is habitually resident there now. Your husband's actions—cancelling your ticket, cutting off communication, and his historical reluctance about the child—will significantly weigh against him in any custody dispute. Focus on securing legal custody orders in India, which will provide you the right to retain your son.
Regarding legal aid, as you have limited financial means, you should explore free legal services in India. Contact the District Legal Services Authority (DLSA) in your district in Gujarat. They provide free legal aid and counsel to eligible women, especially in family matters. You can visit their office or check the National Legal Services Authority (NALSA) website for contact details. Additionally, many women's rights NGOs in Gujarat, such as the Gujarat State Women's Development Corporation, offer support and can guide you to pro bono lawyers. Explain your situation as a housewife with no income; you likely qualify for assistance.
Hello Concerned
IGNORE EVERYTHING - BEACUSE your visa is valid till March 2026 - COME WHAT may enter the United States on the visa before March 2026 and then claim protection in the US - ANY legal battle from India with a US based NRI Husband will be a Long process.... while in US you will be able to handle things more easily. Moreover your husband cannot abandon you in the US.
GO to US ANYHOW, before your visa expires. God Bless.
