NRI housewife Child custody & Child support
I am an North Indian housewife aged 28 married to a Indian Greencard holder for last 15 years and I have a 3 years old child (US citizen by birth). I was facing martial harassment while I was staying with my husband and he used to threaten me of divorce without telling me why he wanted a divorce and he refused to take counseling help to save our marriage (because according to him counseling is waste of money).
I came to India with my husband's consent to meet my mother who is a terminally ill and I in India I found that my husband had blocked my credit & debit card. I told my husband to unlock the credit card and also assure e that he will take counseling help for our relationship so that I can return to USA without fear. Last week I received a email from a lawyer mentioning that my husband has served me divorce notice & demands custody of our child. I husband did not inform me that he was going to file for divorce and this was a surprise for me as I was planning to go back to USA once my husband agreed to take counseling and we were communicating on email/call.
After receiving mail from his lawyer I have now consulted an Indian lawyer and he has advised me to file for child custody and child support in Indian court as I have been staying in India for 6 months.
1) I want to seek your advice on the US court order for child custody. I am an Indian citizen and I want to know if I have to respond to the child custody order sent by husbands lawyer? I have a Greencard but I have not taken US citizenship & I am in India now. As I understand India is not a signatory to Hague Child Custody law. Could you please tell me if I respond to the US child custody order sent by husband’s lawyer? Or do you advice that I do not respond to the child custody order of California US court as I have stayed in India for over 6 months?
2) Can the US Court get me arrested in India as his lawyer has threatened in the email?
3) Does US embassy in India have right to take away my daughter because she is born in USA?
4) I am a housewife and went USA after marriage and I have never worked in USA nor did I get any allowance from my husband so I have no saving in USA. Now that my husband is harassing me and has filed for divorce without informing me. I am concerned how will I survive if I go back to USA. I am dependent on my parents financially and I am not in a position to go back to USA and take care of myself and my daughter and get money to hire a good lawyer to represent my case. Would you advice me to "Totally Ignore the US notice for divorce and custody" and initiate the divorce, custody and alimony in Indian court as our marriage is registered in India as per Hindu law?
5) While staying in India and filing case in Indian Court can I get child support and alimony from my husband? Does the Indian court order force my husband to pay support and alimony since our marriage is 15 years old?
Many thanks for your kind help