Sri (Analyst) 27 February 2014

Divorce and custody

Sorry this is long

I am a female working in USA for past 10 years

1. I married my husband in 1996 against my parents consent

2. I have a 14 year old female child from this marriage

3. I came to USA upon husbands recommendation in 2001 to do my masters

4. The dependents visa for both got denied several times while i was a student in USA

5. Got my H1 to work in USA in 2004. So i applied their dependent visa and they came to USA in 2005.

6. 2005 - husband converts his visa from dependent to H1 working visa

7. 2005 and 2006 he would drink and abuse me verbally . he had lot of insecurities. Gave up my job and moved with him.

8. 3 months no job and bills piling up i started applying for job everywhere and got a job back from previous employer so i had to move to different state

9. As soon as i moved he took my daughter to India without telling me.

10. From then on he has been using my daughter as bait and living with my parents

11. 2009 - 2011 he moved away from my parents and restricted my access to my daughter

12. I would visit my daughter every year and call her everyday when she was at my parents place.

13. 2011 - 2013 he moved back again to my parents due to financial hardships

14. 2013 june - I get a call from my daughter saying she doesnt want to live with him and if i dont come and take her she will kill herself. I went to India

15. He wouldnt give her passport not allow her with me . SO i had to bait him and say i will apply visa for him too and you can come,it worked and they came to united states in June 2014

16. He and my daughter are here in United states. we live seperately in each room under the same roof.

I know by now you must be thinking what the hell is wrong with me and why i didnt file my divorce earlier . I have asked him divorce several times and he wouldnt agree to it. me being here he being there just caused delay with things. Main Reason was my daughter i didnt have custody of her and i was not okay letting this go without her custody.

I filed for Divorce and Custody on grounds of 2 year seperation in USA after 6 months residency of my daughters residency as per state law. He does not work he never did he just survived leeching either on my parents or me..

Some of the rules say USA divorce and custody is not valid in India some say it is ... Just to cover my base what needs to be done. What kind of cases allegations i may have to be ready for if he returns to India.

I know this Unique.. Its usually Men worried about women filling case.. what can i say i think i am all that .. Just kidding. I dont need anything from him .. I just want custody of my daughter as she wants to be with me too and Divorce so i can move on with my life.

Any lawyers in Hyderabad India who can help me to start divorce process there too if need be.

And please be nice in your answers ... I know Its very hard to understand my situation.....

Thanks for reading and answering..

Reply Follow

3 Replies

Advocate Ravinder (Advocate/Attorney) 27 February 2014

First of all tell me where is your marriage performed in India or USA. Unless you tell me the above fact, it is very difficult to give my opinion.

In point No. 16 you said that you both are residing in the same roof but separately. After that it is not clear that presently where is your husband situated and where are you residing.

In response to your query “Some of the rules say USA divorce and custody is not valid in India some say it is ... Just to cover my base what needs to be done. What kind of cases allegations i may have to be ready for if he returns to India”.

Yes, the law of USA will not work in India. You have to again obtain divorce and custody of child in India.

If women comes forward to give complaint against the husband, there are many provisions such as 498-A of IPC, Domestic violence case, Dowry case, Maintenance case both civil and criminal etc. You can contact me on cell No. 7893011777 or to my email id ravinder2345@gmail.com. I reside in Hyderabad. If you send the relavant documents, I can take up the case.

Sri (Analyst) 28 February 2014

Thanks Ravinder for your reply. I will contact you soon.

Heres the info you asked.

I married him in the name of love in Arya samaaj Koti Hyderabad. Marriage was registered in 2000 to submit documentation for college visa in United states.

Husband is still living in my house in USA. I live in the same house. We both are in different bedrooms. We dont talk. we dont have any intimacy. we dont even cook and eat together. The only reason i let him in my place is because he is my dependent and its my responsibility to take care according to immigration laws. There are plans that he may move to a different state to his sisters daughter anytime.

T. Kalaiselvan, Advocate (Advocate) 01 March 2014

If you both are residing under the same roof but are living separately, it is a good and valid ground for divorce namely non-cohabitation, cruelty etc., for the present you can apply for divorce in US itself under the US laws as you are a citizen of US. No doubt it is not valid in India because you have registered your marriage in India as per Indian laws, but what difference it makes when you have decided to not to return to India and live with him anymore as his wife nor going to claim anything in the name of alimony or maintenance amount etc. Since your daughter is of the age of 14 years plus, she can very well depose before the court of her desire to live with the parent of her choice and the court will consider her request. Therefore, once file a divorce case against your husband, you can very well disown him as a dependent anymore, thereby you are not obliged to maintain him as well , consult a local attorney in US and decide about the issues discussed.