• Return to India with kids.

Hi. I am staying in USA on dependent visa H4 with my husband who is working here on H1B. We have 4 year old twins. Our relationship was never good as there was domestic violence and abuse. Also he has been involved with extra-marital affairs. From last 2-3 years the relation was really bad so decided to get separated. From Jan-June 2016, he was forcing me to go back to India with kids but I wanted to look for a job. He was giving me mental stress all the time and did a big drama to show himself as a victim. Then he threatened me to go back to India otherwise he can put me into jail here. Then I started packing my bags but during that time I got a job offer and started working. 2 weeks back I decided to move back to India with kids due to family support. last week I came to know our project is scrapped and my last work day would be Nov 15th. Now, I badly want to come back to India but now he denied saying I cant take kids away from him and he will goto lawyer. Now, i am struck here. How can I come back to India with my kids ? Is there any indian law who suppprt womens like me under auch situation ? We havent filed divorce here.
Asked 2 months ago in Family Law from United States
Religion: Hindu
If you have been victim of abuse and domestic violence file police complaint against your husband in USA 

2) if there have been repeated incidents of abuse you should mention it in your complaint . Your husband would be prosecuted in USA for felony 

3) your police complaint will help you in your custody battle fir children 

4) if there is no stay order restraining you from bringing the kids to India you are at Liberty to travel to India with kids 

5) in India apply for custody of children . Welfare of kids is paramount consideration 

6) you can also file for divorce in India on grounds of mental cruelty 

Ajay Sethi
Advocate, Mumbai
23234 Answers
1219 Consultations
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Unless there is a restraint order passed by a US court against you directing you to not to take the kids out of US you are free to return to India with them. You can seek protection under Indian law, according to which mother is the natural guardian of a child before he attains the age of 5 years, only if your kids are in India.  
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
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Make an arrangement of ticket to India and simply took the child with you without informing him. When you reach India, you are under the protection of Indian law. If needed file protection order, maintenance against him. 
Now you can also file petition before US court for protection and maintenance .Under most circumstances, state laws provide that biological parents make all decisions that are involved in rearing their child—such as residence, education, health care, and religious upbringing. You can go to either Family Court or Supreme Court. Family Court has special clerks to help you fill out the petition and file the case. In Family Court, it does not cost any money to start a case. Although it is helpful to have a lawyer, you do not need one to go to Family Court. This court is set up to help people who do not have lawyers and who cannot pay money for filing fees 
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
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Dear concerned 

Yes the kidd are below 4 years and hence mother is the gurdian and your husband cannot force you to keep the kids with him . As he is forcing you and is being abusive and as this marriage seems not to be working ....it's better you file a complaint in US against his abusive  and cruel behaviour and also mention the facts on your job as well as that of kids. The cops will support you and he will not be able do any wrong to you. 

Once in India there are multiple options available.  
Atulay Nehra
Advocate, Noida
434 Answers
15 Consultations
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Dear Querist
immediately file a domestic violence case against him in USA and also child custody, if you prove before the court then the court may pass an order for child custody and return to India without any tension, in India you may get all the protection from him.

Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3533 Answers
130 Consultations
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1. Were your kids USA Citizens? Were they borne in USA?

2.If not then you can bring them to USA along with you.

3. Engage a lawyer in India to defend you if your husband files a case in USA demanding custody of your kids.. 
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
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You have not mentioned whether your children wee born in US and are US citizens by birth, if yes then it will be difficult to bring the children to India with you.
Nobody can stop you from shifting to India but the children are at risk, so think what best can be done in their interests.
If the children were born in India, then you may make a claim in US court on that basis.
Consult a local lawyer to know more about US laws in this regard and decide accordingly.
T Kalaiselvan
Advocate, Vellore
14008 Answers
127 Consultations
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