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Veena (house wife)     10 February 2013

Domestic violence on nri husband fled to india

Hi,

We have been married for 9 years. Since my marriage my husband was harassing me physically, verbally, emotionally and financially. We were living together in USA.
6 months back he hit me brutally, police arrested him and there is case in US.
He took all the money which I earned as a software engineer, and property which my father gave as a Dowry. I was living with my daughter in Domestic Violence shelter. He cancelled my credit cards, as I don't have any money I am living on donations right now. Not only he left me without money, he left me with a lot of debts.As soon as I applied for child support and he fled to India .


I am on Dependent visa ( H4) on him, I am not sure if it is still valid or he already cancelled it. I cannot go to India for 4 to 5 years due to some visa problems here.
I do not want to give him divorce that easily, but I want to fight to get my money back as I am penniless and my health spolied 4 years back, I am not even in a position to do good paid jobs.
How can I stop him getting divorce without giving me any money. If he gets Ex-parte can I fight after 5 years when I go to India? I do not have anyone to give power of attorney now, even though if I give power of attorney to someone, lawyer is saying they cannot drag for 4 to 5 years until my visa problem is solved.


I have a child support order here, how can I execute it from India without going to India and get my money back.

I heard there is a law in which I can get 50% of share in husband's property, is it true?

Please suggest any good lawyer in Hyderabad with contact info who is not greedy for money.

He has a property of 3 to 4 crores how much allimony I can ask for?


Can any lawyer take GPA for me?

Thanks

 



Learning

 17 Replies

Msk-need -nuetral- laws (self)     10 February 2013

Hi Veena,

Most of the issues you mentioned cannot be tried as jurisdiction in india is in big question unless the pettioner comes to India and files.You can use 498a and DV 2005 as he deserves for his brutal act, and file 406 for return of property.

Not sure how this will be taken as order issued in US court have any validity. You can seek help of NCW and file online complaint with all facts attached with documentary evidence.They may know few things as they regularly deal with issuesof NRI harrassment.

Your H4 will be invalid as it is dependant visa on H1B so apply for J1 or F1 by some means to extend your stay and seek some good consultancy  in this regard. However staying with H4 not issue as long as it has stamped date that has validity.

Expartee cannot be contested after 90 days, if your husband gets expartee for RCR then he can file divorce after a year on contested one on the ground of desertion and your maintenance will be less. If he gets expartee divorce then you cannot contest after 90 days of its execution.

There is no such law that states to order 50 % share in his property and generally courts order based on the need to maintain decent life, my take it cannot exceed 25000 PM at the most in India.

Veena (house wife)     10 February 2013

Hi,

Thank you very much for your reply. How can  I use 498a and DV 2005 and file 406 for return of property from US? Is it possible to apply from US? what is NCW?

Msk-need -nuetral- laws (self)     10 February 2013

National commsion for women, please search in google, tehy do accept online complaints. They deal with women married to NRI, Still not sure veena, how you can do it from US. They might know a way. please approach

Veena (house wife)     10 February 2013

Thank you for the valuable information.

sibasish pattanayak (lawyer)     10 February 2013

Veea,

i being a practical criminal as well as matrimonial Advocate like to suggest to you , that , you must file cases against your husband in US, TRY TO OBTAIN orders from US COURT , if the US COURT pass any order in your favour, then you must get benefit of that order or orders in India form Indian Courts as so many decissions passed by several High Courts  and Honourable Supreme Court of India in this regards. dont worry about the execution of foreign judgement/s.

secondly in India you can file DV case against him after laps of 4/5 yrs. but no use off.

if possible call me or mail me: sibasish_adv@yahoo.co.in

+91 9874 85 45 94. / +91 9477 09 09 99

NIRMALA DEVI.C (Advocate)     10 February 2013

Hi,

You have already gave complaint against his cruelty and harassment to the Police. Have you filed any complaint under 498-A and unde Domestic Violence Act? You also got Child  support order. Already you might have met the lawyer onthis matter. I think that your child is born in US. First you give complaint to the boss of the Company where your husband worked last informing the facts about him and seek their help. As you have gone on Dependant Visa(H4), they will help you to come to India.

Since he returned to India, there is the possibility of filing for Divorce. As Mr.Sibashish sir advised you, you can file cases in US Courts. As you are Software Engineer, Please try to get employment  so that you may not get depressed. Please feel free and mail me if you need any suggestion. My mail id  rhythm_raga@yahoo.com. Thank you --- NIRMALA DEVI.C Advocate

Rina (sw engineer)     11 February 2013

Hi Veena, sorry to hear your situation.I am a victim like your case.I am also a NRI.After long battle i manage to get divroce from my dirty nri husband.We should not leave such person at any cost,they are expoliting women for their selfish reason.

please do contact me .I am a well wisher for you.my email id sorenrina@gmail.com.I will help you whatever i can do.please email me.

Thanks,

Rina

Msk-need -nuetral- laws (self)     11 February 2013

@Nirmala,

Disagree of filing cases in US courts as he is not a permanent resident and the moment he cancelled his visa and social security is forefeited, no US law applies to him as he boarded india which is his country of natural citizenship.

Disagree with lawyer sibilasis, any US court order can be executed even from India only if the accused stays in US, if he returns and assumes his natural citizenship, he has to be tried again in Indian courts. Moreover as long as jurisdiction of pettioner does not fall in the boundary of India, she cannot try it from US, Thats why her husband cleverly cancelled his Visa and returned to India , probably by this time he could have consulted a lawyer for safegaurd.

Tajobs rightly answers, and you can see his reponse

https://www.lawyersclubindia.com/forum/U-S-Court-Order-in-India-36423.asp

@Sam,

No need to be biased at Niramala or Veena, there are many cruel men also in this world, where women aslo sufferer.

I know many such people when I was in US.

 

stanley (Freedom)     11 February 2013

 

 




Hi,

We have been married for 9 years. Since my marriage my husband was harassing me physically, verbally, emotionally and financially. We were living together in USA.
6 months back he hit me brutally, police arrested him and there is case in US.
He took all the money which I earned as a software engineer, and property which my father gave as a Dowry. I was living with my daughter in Domestic Violence shelter. He cancelled my credit cards, as I don't have any money I am living on donations right now. Not only he left me without money, he left me with a lot of debts.As soon as I applied for child support and he fled to India .

It is suprising to note that he took away your money ,your property and cancelled your credit cards ( which where on your name )  .Did he hold a gun to your head  and terrorise you ??

Did all this happen while you were in india or while you were in US 

It is suprising to note that when you filed Domestic violence in the US didnt you convey these facts about your money beingtaken away as well as your credit cards being cancelled . For your credit card to be cancelled normally your  signature is required how did he manage to get your signature did he forge your signature ??


I am on Dependent visa ( H4) on him, I am not sure if it is still valid or he already cancelled it. I cannot go to India for 4 to 5 years due to some visa problems here.
I do not want to give him divorce that easily, but I want to fight to get my money back as I am penniless and my health spolied 4 years back, I am not even in a position to do good paid jobs.
How can I stop him getting divorce without giving me any money.

As you are a working person you want get maintanence . Only your child would get maintanence and it is co- extensive meaning to say that both have to contribute for child maintanence .

If he gets Ex-parte can I fight after 5 years when I go to India? I do not have anyone to give power of attorney now, even though if I give power of attorney to someone, lawyer is saying they cannot drag for 4 to 5 years until my visa problem is solved.

cave act !!

I have a child support order here, how can I execute it from India without going to India and get my money back.

Your's is a complex case in case he has any property in the US or assets these can be attached 

I heard there is a law in which I can get 50% of share in husband's property, is it true?

There is no law as such in force which says 50 % share of husbands property which wife can obtain .

Please suggest any good lawyer in Hyderabad with contact info who is not greedy for money.

My advice to you is catch hold of a lawyer who would fight your case on the basis that whatever you get in any form that so and so percentage would be awarded to him . In that way you dont have to pay any money in terms of lawyers fees etc . Its a materialistic world hence greed is bound to be there . In a similar manner as you have shown it like asking for share in property and money and money . So how do expect the other person not to be greedy ?????????????????????


He has a property of 3 to 4 crores how much allimony I can ask for?Can any lawyer take GPA for me?

As stated above 

 

Thanks

 

NIRMALA DEVI.C (Advocate)     11 February 2013

Hi,

For a Lawyer, there are many facts to be taken into consideratio. Simply Ms Veena expressed her facts. It doesn't mean a Lawyer can file a case. It's only advice we are giving.  When we prepare a plaint, we come across several questions to be answered by the Plaintiff.  Blindly we can't come to conclusions. 

Here she gave only some facts. First she is on Dependent Visa She can return to India whenever she wants.or immediately. She need not stay in US struggling for money., when her husband returned. Ofcourse she can't go to US again. 

We don't know whether her husband has Green card.

She gave complaint for Domestic Violence and harassment and also for assault.

She has taken Child Custody order may be from US court.

She has to inform her parents, in-laws and other relatives about  her husband and about the situation what happend.

She has fear that her husband may file for Divorce and take the order ex-parte.

In these conditions, my advice to her is let her return to India, take support of her parents, relatives, search for a good Lawyer and file a case against him.for Divorce or Maintenance for her as she is not working and her child since her husband fled to India

Msk-need -nuetral- laws (self)     11 February 2013

@Nirmala,

The moment she returns to Inida her H4 will be invalid and any other associated  green card process if it was applied in co-juncture with her ex-husband. Thats what I think, she is hesitant to return to India for filing cases.

Veena (house wife)     13 February 2013

Last person who replied me understood my situation very well. I cannot explain everything how he took my property and how he cancelled credit cards, because it is a lengthy story. Some people may feel suspicious I do not care as I know the truth. When the time comes I can explain everything as I have the proofs.

For indian women like me saying about divorce is biggest threat than putting a gun on her head and asking for above.

Thank you all for your wonderful suggestions. Based on your responses I got some idea of what I can do.

Veena (house wife)     30 April 2013

Hi,

I am Veena. I am the one who posted my situation reg domestic violence on me and my husband left to India. As he applied for divorce in India and it is in ex-parte stage, I hired a lawyer in India on my case and he is asking as he has a open criminal case here and did not pay child support, how can we bring him back to US? I talked to some laywers here but noone has an idea. Please help me if anyone knows what is the procedure to bring him back to US. That will be a great help for me.

Thanks

Poor_guy (Helper)     20 March 2017

You are one greedy woman.


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