husband absconded after signing an mou
SRK
(Querist) 13 August 2017
This query is : Resolved
I live in delhi and my husband is on h1 visa living in chicago IL. we got married last year and stayed together in chicago just for a month, Since it was an arrange marriage it did not work due to our personality differences so i came back to India. Then in consultation with our families we signed an MOU for mutual conscent divorce, my husband gave his power of attorney to his father , then at the time of filing our first motion petition his parents absconded and my husband have not been responding to any of our calls and emails. Please suggest how can we bring him back to India .
Advocate Suneel Moudgil
(Expert) 13 August 2017
you can file domestic violence case/maintenance case/dowry case against your husband to get him back in picture but such case depends on contents of MOU.
Advocate Suneel Moudgil
(Expert) 13 August 2017
contact one prudent lawyer and explicate complete facts along with MOU to him/her and get proper advise
Rajendra K Goyal
(Expert) 13 August 2017
You have the option to take back your case.
If you have stayed in Chicago for 6 months, you can have the option to file divorce in USA. In USA divorce is no fault, no reason has to be quoted, procedure is fast and all the assets gained after marriage would be distributed equally.
Otherwise can file case of domestic violence and proceed as advised by the expert.
Kumar Doab
(Expert) 13 August 2017
You can benefit from the advise of experts.
SRK
(Querist) 13 August 2017
The MOU was very clear with the facts that both of us will exchange the jewellery given by our families and we already did that, half of the amount they have paid us at the time of signing the mou and now when we had to file for our first petition , his lawyer called us and informed that he have no clue about my husband and his family , and we were trusting his lawyer, now when i discussed my complaint with CAW Cell they said they will send a notice through email to him and his address in delhi , my questions are :-
After what supreme court has declared recently about 498a cases i dont want to put any false complaint against my husband or his family, i want a simple divorce with the terms he agreed on the mou. So if i file a complaint how its going to help, cus his parents have ran away and we have no clue where they are.
I have stayed in chicago for 40days so i dont think taking a divorce in US will help, we got married in delhi, also my husband is a indian passport holder and on h1b visa .
What if my husband will not come after he receives the notice from CAW cell , How long can he escape?
Rajendra K Goyal
(Expert) 14 August 2017
You should search online the dissolution law applicable in Chicage (Illinois US), whether it can help you?
Otherwise in India after discussion with your lawyer file regular divorce petition.
Rajendra K Goyal
(Expert) 14 August 2017
If you visit the following link, the necessity to file dissolution of marriage in Chicago following is requirement which seem to be fulfilled.
" To file for Dissolution in Illinois, one of the spouses must be a resident of Illinois for at least 90 days"
https://www.hg.org/divorce-law-illinois.html
However, in US though process is easy, legal charges are very high (say may be 50 times that of India) and you have to manage accordingly.
P. Venu
(Expert) 14 August 2017
You have the option to move an action for restitution of conjugal rights and follow the decree with a petition for divorce. However, the matter could be long drawn out.
Kumar Doab
(Expert) 14 August 2017
The local police/CAW officials have already advised what next they shall do and it shall be on record.
Apply your resources to find out the whereabouts of in-laws/husband.....
They may re-appear after some time..
SRK
(Querist) 16 August 2017
One of their relative who was the witness from their side at the time of signing the MOu have told us they dont know where they are, infact this relative lives in the same house where was in-laws stays. Also, divorce in chicago is not possible cus the marriage happened in India and moreover both of us me and my husband are indian passport holders. Their lawyer who helped us at the time of signing an MOU in the court have also told us he doesnt know where they are. I am not too sure whether his lawyer have suggested him to abscond or its he himself
SRK
(Querist) 16 August 2017
One of their relative who was the witness from their side at the time of signing the MOu have told us they dont know where they are, infact this relative lives in the same house where was in-laws stays. Also, divorce in chicago is not possible cus the marriage happened in India and moreover both of us me and my husband are indian passport holders. Their lawyer who helped us at the time of signing an MOU in the court have also told us he doesnt know where they are. I am not too sure whether his lawyer have suggested him to abscond or its he himself
SRK
(Querist) 16 August 2017
One of their relative who was the witness from their side at the time of signing the MOu have told us they dont know where they are, infact this relative lives in the same house where was in-laws stays. Also, divorce in chicago is not possible cus the marriage happened in India and moreover both of us me and my husband are indian passport holders. Their lawyer who helped us at the time of signing an MOU in the court have also told us he doesnt know where they are. I am not too sure whether his lawyer have suggested him to abscond or its he himself
Rajendra K Goyal
(Expert) 16 August 2017
May file divorce and let the case be decided after service of summons through substitute method.
Advocate Suneel Moudgil
(Expert) 16 August 2017
proceed with complaint given to CAW cell, if any,
try to get your husband and in laws whereabouts using all your contacts,
you can take help of any expert/detective for finding them
SRK
(Querist) 17 August 2017
Sir how can a detective find their whereabouts when they are out of country. My question from you is can his lawyer suggest him to abscond and his family as well? If yes, on what basis?
