• Want to file a complaint against my husband in US consulate

Hi sir! My name is Kalyani and I am green card holder. Currently I live in Chennai with my mom and 4 years old daughter. Since 4 yrs I have being living in Los Angeles with my husband and I have faced lot of problems and mental stress with him. I was on h4 dependent visa due to which I was unable to work there. Due to not been employed my husband physically and mentally harassed me a lot but for the sake of my child I tolerated everything. In the month of July 2016 we got our green card and the very next day my husband asked me to go back to India stating that he lost his job and he will come join us in India after a month. I having awaiting for his arrival but I was totally shocked to hear from one of our close family friend that he came to India and went back to India which he and his family members never informed me. Now it's been almost fifth month there is no information nor communication from my husband. Recently I contacted one of his close friend in USA and I was totally shocked to hear the news about my husband that he got a new job with a very high pay and had moved to San Diego and is having affair with a Chinese women they both are living together. So I want to file a complaint against my husband so could anyone suggest me what I should do?
Asked 7 years ago in Family Law
Religion: Hindu

3 answers received in 30 minutes.

Lawyers are available now to answer your questions.

8 Answers

you are green card holder

2) you should go to USA and start staying with your husband

3) if your husband refuses to permit you to stay with you and assaults you file police complaint against him

4) you can also file for divorce in USA and claim spousal support

5) you would be entitled to 50 per cent of husband assets acquired after marriage if you file for divorce in USA

6) also seek custody of your child

7) mere filing complaint against your husband with US consulate wont serve any purpose

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

1) your husband cannot remarry during subsistence of his earlier marriage

2) gather evidence of his second marriage and file case of bigamy against him under section 494 of IPC before magistrate

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

there is a difference between affairs and marriage

2) merely because husband had affair with 2 indian women who are married and settled in USA does not mean that you are his third wife

3) if your husband has cheated you and he had married other 2 ladies before you and he suppressed said fact then file police complain against husband under section 420 , 498A of IPC for cheating and continuous acs of cruelty

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

Adultery is not an offence under the US law. So even if you file a complaint to US consulate it will not yield anything positive for you. You can adopt your remedies under the Indian legal framework by filing a petition for restitution of conjugal rights against him.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Recently I contacted one of his close friend in USA and I was totally shocked to hear the news about my husband that he got a new job with a very high pay and had moved to San Diego and is having affair with a Chinese women they both are living together. So I want to file a complaint against my husband so could anyone suggest me what I should do?

Since all the incidences have taken place in US your complaint here in India may not be maintainable or even entertained.

You can file a divorce case in India and also seek huge alimony in the same which shall be maintainable.

Neither a domestic licence complaint maintainable nor a dowry case.

You can seek maintenance under section 125 cr.p.c. and send the summons to his office address itself.

You can go and sit in his house in India where you still have rights and refuse to leave the place until you get justice for cheating you

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

I want to revoke his green card bcos he is thinking that as woman I cannot harm him in anyways .

This may not be possible however you may write to US authorities about it.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

My husband and his family members cheated me and my family members not telling us that he is getting married for 3rd time and in USA he had affair with two married women who came to do their MS.

This is a cheating act done by him and not by his parents hence your complaint against them will also not maintainable. However you may enter into his house and squat there until you get justice for his act of cheating.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

I have all the proof to prove my husband has been married to me third time and he had affair with two Indian women who are married and settled in USA

It is not an offence if your husband was having an affair with another women as per Indian laws but marrying you during the subsistence of his previous marriage shall be an offence under bigamy.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer