Advice!!

Querist : Anonymous (Querist) 02 June 2019 This query is : Resolved
My husband was issued arrest warrant in USA for child abuse but he absconded from America. Now I am in India with my 2 daughters. He left us without even paying monthly maintenance. When my family approched him for settlement he is trying to pay me minimal amount with terms and conditions benificial to him.Is there anyway that this guy can be brought to justice?

Please advice how to proceed further.

Thanks in advance!

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Vijay Raj Mahajan (Expert) 02 June 2019
Apply and seek complete guardianship and continuation of child custody for yourself under the Guardians and Wards Act against your husband.
Apply for maintenance for yourself and minor child from your husband under section 125 CrPC.
File complaint for domestic violence against the husband with Judicial Magistrate and seek all the available reliefs under the Protection of the Women from the Domestic Violence Act.
All the 3 cases you can file in the same District court where presently you and your child living in India.

Guest (Expert) 02 June 2019
Absconding is an additional Offence Committed by your husband

Guest (Expert) 02 June 2019
Your intention has to be confirmed whether to get the Maintenance from your husband or to get him punished for his offence committed abroad.

Guest (Expert) 02 June 2019
Get in touch with a Local Good Advocate and he would take care

Sudhir Kumar, Advocate (Expert) 02 June 2019

facts are not clear.
You husband absconded from USA fro a crime with (atleast appearing from given facts) has connection with the desertion of of you and your child.

He left you. Where he has gone?

Dr J C Vashista (Expert) 02 June 2019
Whether US Court (where he is declared/ proclaimed offender) has not issued any look out notice? If so, how and where you are in touch/ communication ?
How were you successful in negotiations for "minimal" amount?
It would be advisable to seek guidance of your lawyer who is well aware about the facts and circumstances of the case, an able, competent and intelligent enough to guide and proceed. however, if you are not satisfied with his/her acumen and performance, change him/her immediately.
But do not adventure to rely upon the advise of experts on this platform, although it is available FREE OF COST, as it is based on limited information posted/ provided by you

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