Indian couple living in USA ~ applying for divorce
This is an advice which I seek for a friend of mine who got married in India in 2011 and settled in USA with hubby since then . They now have a boy child of age 1 year 9 months .
My friend has been facing verbal abuse and mental torture from her hubby and mother in law ever since the child's birth , last year . Her hubby is totally against whatever she does or says and feels that his mother is right in all matters. Now he wants to separate legally and also wants the child under his custody .
He had applied for green card , which has not been approved . My friend has recently taken up a job there . Since both of them are having strong differences and not able to move ahead with the marriage , she wants to know how she can come to India with the child and then file a divorce here . Main problem being the husband wants the child with him and she wants the child with her back in India and then apply for divorce , since she can take good care .
She wishes to know how can she do this without facing problems from her husband . Since US laws and rules say that husband can charge a case against her saying she kidnapped child and took away to India without his consent and put her behind bars and also if parents are fighting , the child will be put in the foster care , which she is really worried about and does not want that to happen .
Kindly advise on what kind of step she can take , either apply for divorce along with child custody in USA family court or better to do it in India , considering all the draw backs stated above . She is currently on the dependent visa . Looking forward to best advise options . Thank you .