LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rajeshwari (software engineer)     18 May 2012

How to get back the husband to india who harassed his wife?

 I  want to file DV case on my husband in India.I suffered alot because of husband and in laws and escaped from His hands and came to India , was married and stayed in US for 1 year 2 months..But he stays in US working , he is on temporary working visa (H1B)..how to get him back to India.Is there any legal procedure to get him back to India ??? How long it takes to get him back???who can help him to get him back 



 22 Replies

URMIL SHARMA (Practicing Advocate.)     18 May 2012

first of all you have to decide what you want . Only get him back india by filling cases against him you want to save marriage?

Tajobsindia (Senior Partner )     18 May 2012

@ Author

In my opinion you have not been to a proper chamber discussion / consultation. However that besides the observation point let us help you and we shall not leave you remedyless;


1.
You may file DV case against him and his side of family – no legal bar there.
2.
You may even press for ex-party protection order(s) – no legal bar there
3.
You may even declare him and his side of family as the case may turn out to be as PO (proclaimed offender) status by news paper adv. via a court process - no legal bar there
4.
You may even Execute ex party protection order(s) within its limitation period - no legal bar there.
5.
You may even send Court process to his Indian Employer (if any) to execute attachment maint. / monetary if any protection order - no legal bar there

BUT;


1. To do all above more or less it takes in today’s chockablock  MM courts pan India roughly on an average 3 - 4 years. ld. people who may give you dream status of 60 days disposal start to finish of a DV case are left with not much from my practice direction / ground reality rebuttals even standards of my admirable ld. Ms. Indira Jaising the respected architect behind making of much desired DV Act in India. [I see her smiling reading this which is painfully besides the point]


Further sorry to disappoint litigants of either gender reading this BUT;
1.
You can never get execute extradition orders passed against him to extradite from an overseas posted country in a matrimonial Case. Extradition Laws applicability on matrimonial offence / nature / allegations are unfortunately yet on gazette notified file stage (i.e. embroiled in red tape status). Least damage that can be done is termination from Job. But if is somewhere in Big Apple then you and we both know it is land of opportunities for a white collar worker :-)  
2. Ld. brothers reading this reply who can bring on this discussion board just one matrimonial extradition case ever happened till date in India are more than welcome as THE trend setter / knowledge sharing POVJ


Remedy from all these
1. Take a deep meditative breadth first of all.
2.
If it suits parties as wise long term decision offer them well reasoned MCD (Mutual Consent Divorce) proposal with one time full and final alimony by citing abv. 1-5 paras as mild forecasted soft threat. He and his side will gladly accept eventually.
Reasoning on suggested remedy:
1.
Court appreciates and welcome parties who bring solutions on board instead of creating more hurdles to their matrimonial prospects of living or parting situation eventually.
2.
Reasoning has nothing to do with your gender otherwise Lawyers are there so are Courts open / loves litigating parties; try whatever as and when what it may pleases long term harmonial senses of one party.


All the best lady.

Anjuru Chandra Sekhar (Advocate )     18 May 2012

https://www.tribuneindia.com/2012/20120209/jaltrib.htm#1

Passports of 70 NRIs impounded for deserting wives
Dharmendra Joshi
Tribune News Service

Jalandhar, February 8
In what may be termed as an exemplary punishment, the Regional Passport Office at Jalandhar has impounded passports of as many as 70 non-resident Indians (NRIs) for allegedly deserting their wives.

Regional Passport Officer (RPO) Perneet Singh said these passports had been impounded during the past 10 months since the setting up of a special Women Grievances Cell (WGC) here in March last year.

According to information, as many as 250 complaints have been received against NRIs at the Women Grievances Cell of the RPO since March last year.

Perneet Singh said the passports of only those NRIs were impounded against whom their wives had also lodged FIRs of cheating under Section 420 of the IPC.

The RPO said “After getting a complaint along with proof of her marriage from a woman at the WGC, we first ask her to get an FIR registered against her husband. We insist the woman to get the FIR registered as sometimes we initiate the process of impounding her husband’s passport, but meanwhile they reach at a compromise.”

“Subsequently, a show-cause notice is issued to the NRI husband at his Indian address. We wait for a reply from him for about a fortnight, following which we give instructions to all the Indian embassies and national as well as international airports about confiscating the NRI’s passport,” he added.

Perneet Singh said, “The impounding of passports has proved a deterrent to the erring NRIs. Further several NRIs have agreed to take along their wives after impounding of their passports.”

“As many as five erring NRIs were given their passports back after impounding them as their wives submitted their applications at the WGC for withdrawing of their complaints as their husbands had mend their ways,” he added.

The WGC is working only at the Jalandhar RPO out of the total 37 passport offices located in various parts of the country. Perneet Singh had decided to set up the WGC here after reports that a number of NRIs hailing from various parts of Punjab had deserted their wives.

Top

Jalandhar, February 8
In what may be termed as an exemplary punishment, the Regional Passport Office at Jalandhar has impounded passports of as many as 70 non-resident Indians (NRIs) for allegedly deserting their wives.

Regional Passport Officer (RPO) Perneet Singh said these passports had been impounded during the past 10 months since the setting up of a special Women Grievances Cell (WGC) here in March last year.

According to information, as many as 250 complaints have been received against NRIs at the Women Grievances Cell of the RPO since March last year.

Perneet Singh said the passports of only those NRIs were impounded against whom their wives had also lodged FIRs of cheating under Section 420 of the IPC.

The RPO said “After getting a complaint along with proof of her marriage from a woman at the WGC, we first ask her to get an FIR registered against her husband. We insist the woman to get the FIR registered as sometimes we initiate the process of impounding her husband’s passport, but meanwhile they reach at a compromise.”

“Subsequently, a show-cause notice is issued to the NRI husband at his Indian address. We wait for a reply from him for about a fortnight, following which we give instructions to all the Indian embassies and national as well as international airports about confiscating the NRI’s passport,” he added.

Perneet Singh said, “The impounding of passports has proved a deterrent to the erring NRIs. Further several NRIs have agreed to take along their wives after impounding of their passports.”

“As many as five erring NRIs were given their passports back after impounding them as their wives submitted their applications at the WGC for withdrawing of their complaints as their husbands had mend their ways,” he added.

The WGC is working only at the Jalandhar RPO out of the total 37 passport offices located in various parts of the country. Perneet Singh had decided to set up the WGC here after reports that a number of NRIs hailing from various parts of Punjab had deserted their wives.

Top

Anjuru Chandra Sekhar (Advocate )     18 May 2012

Dear Querier,

 

You can write in to concerned RPO to impound/revoking the passport of your husband and advertise the same in any leading Newspaper of the country where your husband is living that such and such person's passport is impounded/revoking for such and such reasons.

 

 

 

Anjuru Chandra Sekhar (Advocate )     18 May 2012

Mark a copy of revocation order to Airport authorities in that country and alert them that he is travelling carrying a revoked passport.

Anjuru Chandra Sekhar (Advocate )     18 May 2012

Passport Act, 1967

 

Section 10. Variation, impounding and revocation of passports and travel documents

 

(3) The passport authority may impound or cause to be impounded or revoke a passport or travel document,

 

if it is brought to the notice of the passport authority that a warrant or summons for the appearance, or a warrant for the arrest, of the holder of the passport or travel document has been issued by a court under any law for the time being in force or if an order prohibiting the departure from India of the holder of the passport or other travel document has been made by any such court and the passport authority is satisfied that a warrant or summons has been so issued or an order has been so made.

vijay (M)     18 May 2012

If this is to be believed, then all NRI's should beware from marrying Indian girls, as they may given punishment of job/career/life loss merely on complaint of the erring woman.  I don't know under what are the provision under which such action of impounding of passports was done, but I am highly doubtful if legal system passes such punishmet even before one is declared guilty.

Vishwa (translator)     18 May 2012

What I can see from the above is that any man by getting married opens the way for getting endlessly harassed.

1 Like

Rajeshwari (software engineer)     18 May 2012

Thank you Chandrasekhar garu

Tajobsindia (Senior Partner )     18 May 2012

@ Generic,


I differ to advise of
@ Chandrasekhar


Originally posted by :chandrasekhar.7203@ gmail.com

 

" I am not as busy as tabjobsindia so I can remember facts relating to case better."

 

 

Sure @ Chandrasekhar, but I am also not that busy not to read opening wordings of this queriest which is quoteed as "I  want to file DV case on my husband in India" unquote which I think someone here forgot to remember reading stating tajobsindia is busy from the same case is it not ji J

 

 

Above being most crucial material point; in LPO practice industry experts say that LPO accuracy should be 97.63% (re-check international LPO standards on LPO processing accuracy in case of doubt).


Well the point I am raising here is that once a proposed litigant says above quote herself then one should never confuse that proposed litigant with out of the blue
"Passport Impounding advise"
when a advocate is not even hired followed by no complaint case as fact before us / is not even filed as of date.


Reasoning:
1.
Simple reason there is no complaint case even passed admition hearing on court floor first of all followed by no process issued further no PO is directed to file DIR further no substituted service summon issued further followed by as interim relief no PO direction / awarded followed by no execution award lastly if and if this ladies husband defaults then only Court will take up Passport 'search' order first to local SHO followed by issue of 'seizure' memo that also it is issued by / from Prosecution Branch followed by direction to this lady's Counsel to taker Process Order to District Passport Auth. for husband's passport impounding and to do all these minimum 3 years are grandly gone for a toss of this lady.

 

 

By that time this husband will be cooling off in Siberia writing internet hacking software codes for NATO is my prediction since tonight’s UN talks on Intl. Internet Regulation is bound to fail in UN wherein Indian cheap labour of software coders will be in more demands. Then which overseas staying Indian software professional husband cares for some matrimonial case in developing country like India being pending.

 

 

2. Now second gyan I like to share with you on your grand advise on "Passport Impounding" by re. News reported item to this queriest is that it took 8 local NGO's + 39 local Police Stations + involvement of Central WCD + PSWC of Punjab to present a white papers funded by UNIFEM before last to last Parwasi Bhartiaya Diwas Conference to pass regulation for Impounding Passport of Doab's resident PIO / NRI Punjabis residing in UK / Canada who ae alleged to have been disbanding their wives where a special cell to the rank of ACP (Spl. Branch) was specially created in Punjab Police rank and file with special permission from Center with infrastructure especially erected / created / funds diverted from State's Police Funds for Passport Impounding of NRI's and to do all these it took re. NGO's + WCD + Police Stations + PSWC some 9 years.

 

 


So now do you wish to see the lady queriest to end up her precious next average 3-5 years youth by following your grand advise on Passport impounding cheese dollop!. All the best once again to hear non legal repliers advise in legal platforms in haste.

 

3. She has not even filed Complaint case under provisions of DV Act and you are advising her to chase S. 420 (cheating) case without even asking what she did for 14 months in USA and is there any material facts in her only one post i.e. of any complaint lodged in USA soil or otherwise to go and advise such extreme steps of Passport Impounding of afree Citizen of a Country!!!! C’mon we expect better well reasoned replies from people from LPO industry here atleast if replies are getting like hobby by non- Lawyers in legal platforms.

Now @ Chandrasekhar  any rebutal to above well chased and well researched documented piece of gyan which is even available on lawyers collective archives here!

 

 

ta ra rum pum pum......

Anjuru Chandra Sekhar (Advocate )     18 May 2012

Oh Telugu?  Nenu telugu ani elaa telusu madam?

Kumar (Family CEO)     18 May 2012

 

Presenting background by " Haneesha - software engineer"

"1. I  want to file DV case on my husband in India.

2. I suffered alot because of husband and in laws and escaped from His hands and came to India.

3. Was married and stayed in US for 1 year 2 months.

4. But he stays in US working , he is on temporary working visa (H1B)..

5. How to get him back to India.Is there any legal procedure to get him back to India ??? How long it takes to get him back??? who can help him to get him back ?"

 

Questions ( that anyone legal or otherwise may wish to get enlightened on before giving you free flowing legal advice or worldly wisdom ) 

 

1. What is the ultimate intent ? Do you want to divorce your USA based NRI husband OR wish to give love and peace a chance before rushing to the court ( for maintainance or other dues )? ( What are you hiding ? )

2. You were in USA with your husband for 14 months. What suffering were you subjected to while you were co-habiting. Did he physically harm you ? Did he financially abuse you or control you ? Did he emotionally abuse you. ( In USA, domestic abuse is assesses in three broad categories- physical, emotional and financial and law has defined what each of these mean. There is no vagueness)

3. Were your inlaws living with you in USA ? 

4. If you were abused in USA, did you file a police complaint in the local police station ? 

5. If for some reason, you did not file a police complaint, then did you approach the court in USA for "I want to file DV case on my husband". In USA, it takes approximately 15 minutes and $0.00 to file DV and get protective orders. The DV protective order is civil but any violation of the DV protective order is criminal. Why didnt you file a "DV case" against your husband in USA ? 

6. For a moment, lets assume that you are the good wife and did not want to approach the police or the courts, question arises, did you call the local or national domestic violence help line for assistance ? If not, then why ? 

7. What was your work status or disposition while you were in USA ? Were you studying ? Were you stay at home homemaker ? If he is on H1B, then you are either on H4 visa status or H1B visa status. Most likely, you are on H4. 

8. ( and sister, some pearls of wisdom for you. Use it or abuse it and destroy someones life with this nugget.) If you file DV on him in USA, you are eligible for FREE GREEN CARD ( free food, free accomodation and also FREE MONEY. Free money comes from the VOC program maintained by the DA of each county. ) !!!. I can help file your papers for free - no legal advice though on immigration or any other US legal advice). 

9. A sword has two sides and no Indian lawyer will tell you this - You may file a DV/498a or whatever against him in India but he can do the same in USA. USA DV laws are gender neutral. He can file criminal protective orders against you and you will never be able to enter the USA. You will be arrested at the port of entry. He can put you on the no-fly list, a list maintained by United States Federal government. In short, you have all the powers in this world to destory your own family as well as his. Your kids and family wont have toys to play with but some lawyer in India would have bought a new pair of shoes, changed his TV, his car or perhaps his house, depending on how deep your pockets are. 

Before you develop your strategy, keep in mind:-

1. Beware of Indian lawyers who can cite newspaper articles and  sections of Indian law but cannot put forth or defend their own argument. ( No offence to any lawyer on LCI please.).

2. Be aware of lawyers, who are able to provide a silver bullet to your expressed requirement without asking for details of the case. Its  plain simple for a common man to see that yours is not a case of NRI husband deserting you . where the passport impoundment provisions can be applied - you left him on your own accord. What the punjabi taxi drivers are doing, which led to the impoundment of passport of those individuals is that they are visiting India, marrying and after 2-3 months of fun and frolic, returning back to USA,Canada to drive their taxi. You are not in India and your husband did not, repeat  not abandon you, you deserted him. 

3. As of this writing, there are several ( millions ) of Americans who are un-employed and under employed. In this grim economic situation, your husband has managed to get a job and is maintaining a family. He may not be the romeo that you dreamt of after watching Indian movies but, as someone has already recommended, take a deep breath and give peaceful discussion a chance. I strongly recommend you retain an Indian lawyer who is willing to take baby steps and by peaceful corrospondence arrive at a peaceful separation. Indian lawyers are not public defenders and paid by government, so they have a vested interest in the life of the case. Which Doctor prays that there should be no sickness in this world ? . Yes, there are Doctors who work for free on a case by case basis - rare. Find that Doctor.

2 Like

Anjuru Chandra Sekhar (Advocate )     18 May 2012

 

@tajobsindia.

 

The passport authority may impound or cause to be impounded or revoke a passport or travel document, if it is brought to the notice of the passport authority that a warrant or summons for the appearance, or a warrant for the arrest, of the holder of the passport or travel document has been issued by a court under any law for the time being in force ........

 

I think this is neither french nor german to understand.  If it is brought to the notice of passport authority that a warrant or summons for the appearance, or a warrant for arrest has been issued by court.....means, the querier can understand that filing of case is necessary, it is implied.  I do not want to underestimate the querier on this count.

 

I think Sec.10 of Passport Act, 1967 is still there in India, and advocates are part and parcel of Law enforcement machinery in India, they are not supposed to advise the people and discourage them, "Hey look....you will never be heard by any passport authority in our country unless you involve 36 women's organization etc...etc..."

 

Advocate should talk with confidence, this is the law of land, I am part and parcel of law enforcing machinery, I will help you to get this work done.  If you cannot give that confidence to client what for you are?

 

@Haneesha Reddy.  Madam.  Don't get discouraged by what they say.  Approach Media organizations, either local media or National media like NDTV or CNN IBN and convey to them if passport authorities do not respond properly. 

 

 

 

Rajeshwari (software engineer)     18 May 2012

i gave complaint in US..but i didnt get any help .. and i donno to whom i need to approach ...Ive tried calling many organisations. they always used to divert calls to another numbers. They advised me to leave to India  ....I dont have any identity in US, am just dependent on husband...neither i can drive car, neither i can go to any where..the situation was like that ..Local police  have taken complaint from me ....but i dont want to get into that mess....if I was surrounded by indian community i can do something, i stayed in US for 1 yr that to after marriage ...Intially everything is new but there is no interaction with people .......I can leave him , but if i leave him simply  then what about pain I went through , ive lost so much ...if  I leave these people , i am sure that they keep on doing the same treatment to boy or girl who ever comes from outside family into that messy family..

 

 

Chandra sekhar garu, I am from Hyderabad ..I went through your profile and you are from malakpet .


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads

LCI Learning Hindu Laws


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query