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.
You can approach the Indian courts for protection and custody of your minor son. Since you and the child are presently in India and the child is of very tender age (about two years), Indian courts have full jurisdiction. In such cases, courts give primary importance to the mother’s care unless there is strong proof that she is unfit. From what you have described — abandonment, lack of emotional and financial support, cancelling your return ticket, and no contact for long periods — your position is legally strong. It is highly unlikely that the father would get custody of a child so young. At most, he may later be given visitation rights.
You can file a child custody and guardianship petition in the Family Court at Ahmedabad or wherever you are currently residing. You do not need to go back to the USA for this.
For OCI of your son, normally consent of both parents is asked. However, when one parent is uncooperative or absent, you can apply with an explanation and supporting documents showing abandonment and the dispute. In many cases, authorities accept a single-parent application, especially when there is a court order regarding custody or an affidavit explaining the situation. Once you obtain an interim or final custody order from the Family Court, OCI processing becomes much easier even without the father’s signature.
You will not be at fault for keeping your son in India merely because OCI is not issued yet. The child is with his mother, who is the natural guardian for a child of such young age. There is no legal obligation to send the child back to the father, particularly when he himself abandoned you and cancelled your travel.
Regarding your belongings and documents in the USA, through court proceedings you can seek directions for return of your personal belongings, documents, and any items given by your parents. This is commonly addressed in matrimonial and domestic violence related cases.
A case under the Protection of Women from Domestic Violence Act can be filed for emotional abuse, abandonment, financial neglect, and harassment. Through this you can seek protection orders, monthly maintenance for yourself and your child, compensation, residence-related relief, and return of belongings.
If you do not have money for a lawyer, you are entitled to free legal aid from the government. You should visit the District Legal Services Authority at the Ahmedabad District Court or Family Court complex and request free legal assistance. Women and persons without sufficient income are entitled to this service. They will assign you a lawyer without cost.
To summarise clearly:
You can file a custody case in India.
You can get a free government-appointed lawyer.
You can apply for OCI even without the father’s consent, especially after a custody order.
Keeping your son with you in India is not illegal.
The chances of the father getting custody of a two-year-old child in these circumstances are extremely low.
Indian law strongly protects the mother’s custody of very young children unless there is serious wrongdoing by the mother, which is not present here.
Your immediate steps should be:
Approach the District Legal Services Authority for free legal help.
File a child custody/guardianship case in Family Court.
File a domestic violence case seeking protection and maintenance.
This will legally secure both you and your son.
1. You can seek child custody from India also. You can file a petition under Guardians and Wards Act, 1890.
2. In the normal circumstances, the consent of both the parents for obtaining OCI to the child is required however if the father is not reachable or not cooperative or there exists a marital dispute between two, you can submit an affidavit to that effect which will be considered as single parent application by Indian authorities.
3. You can send a legal notice either through an Indian or US attorney demanding return of all your articles including the certificates and other valuable items, failing which you can proceed legally through court to get an order in this regard.
4. Your visa expiry affects only you, not your child. There is no law forcing a mother to hand over a child because of visa issues. He cannot take custody just to harass you.
You can lodge a criminal complaint with local police against him and his mother under section 498A IPC / 85 BNS for the acts of cruelty
You can file a case under the Domestic Violence Act seeking Protection order, maintenance, Compensation and also for maintenance under section 125 and also for recovery of stridhan articles. The Immigration abuse (hiding visa status) is recognized as mental cruelty.
Since you were not permitted to be employed under the visa rule. You are legally entitled to maintenance for yourself and your child. Courts do not expect you to earn in this situation.
You are not wrong, and you are not weak, you were isolated by visa dependency and emotional manipulation.
Domestic Violence case is filed under the Protection of Women from Domestic Violence Act, 2005 (India).
⚠️Domestic violence is NOT only physical beating, it also includes the following :
Mental & emotional abuse
Controlling your movement (not allowing you to visit parents)
Immigration abuse (hiding visa expiry, making you illegal)
Financial abuse (not allowing you to work, no money)
Abandonment
Canceling your ticket and cutting contact
Not caring for you during pregnancy
Not contacting your child.
Therefore you can very well file the DV case against him.
You can seek child custody from India also. You can file a petition under Guardians and Wards Act, 1890.
If you are not able to bear the litigation expenses, you can approach the district legal services authority situated in the court complex and giver an application seeking free legal aid services through the panel lawyers
You can approach the district legal services authority located in the district court within your residential jurisdiction and submit an application along with all legal papers that are required to be attached for the purpose.
Domestic Violence case is filed under the Protection of Women from Domestic Violence Act, 2005 (India).
Domestic violence is NOT only physical beating, it also includes the following :
Mental & emotional abuse
Controlling your movement (not allowing you to visit parents)
Immigration abuse (hiding visa expiry, making you illegal)
Financial abuse (not allowing you to work, no money)
Abandonment
Canceling your ticket and cutting contact
Not caring for you during pregnancy
Not contacting your child.
Therefore you can very well file the DV case against him.
You can seek child custody from India also. You can file a petition under Guardians and Wards Act, 1890.
You need to go to the district legal aid authority or the concerned court for the same