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Pratija Goyal (None)     24 November 2014

Husbands extradition from usa

My husband without divorcing his American wife got married to me in India as per Hindu Marriage ceremony but not registered and my marriage to him is void.

I would like to know is it possible for Indian government to extradit him to India even if he is a American citizen and not holding Indian passport ?

If yes then on which basis and how long does it take to get him extradited for me to get justice ?


 23 Replies

Adv. Chandrasekhar (Advocate)     25 November 2014

Madam, do  you want annulment of your case (which is civil one) and/or bigamy case (which is criminal case).  In civil case, you can get annulment by ex-partee, that means even his refusal to appear in court, you get annulment subject to you show proof that he was married earlier.  If you want to prosecute him, then you have to file criminal case and after presummoning evidence given by you, if the court satisfies prima facie he has committed bigamy, summons will be served.  Summons will be served through Ministry of External Affairs and in these cases, Indian Government is slob, indolent and exhibits lacklustre.  There are very remote chances to extradite him.  Read news reports about Kim Devy case and you know that how enthusiastic our Government is to bring back the accused for trial.

Nitin (Law)     25 November 2014

If Marriage is not registered then Indian Legal system will even shy to talk about Extradition.


Many of the my Legal Advisor friends here are not aware that most of the Western countries there is a constitutional law which does not allow them to extradite its own citizens.

Advocate Ravinder (Advocate/Attorney)     25 November 2014

Extradition treaty will be used by the Countries for the purpose of criminal activities and serious offences only and not for matrimonial issues. 


His marraige in USA and later marrying indian woman is not an offence in India.  Because the marraige of USA is immaterial for indian law.  Even bigamy will not attract in India.  Since the woman is of indian citizen and the husband is of USA citizen, the marraige done in India will be a Special marraige Act. 

Pratija Goyal (None)     25 November 2014

Thanks for all your reply.

Adv. Chandrasekhar mentions its a case of Bigamy and Ravinder.P mentions marriage of USA is immaterial for Indian law and bigamy will not attract in India.

Also we both are Hindus and it was a Hindu ceremonial marriage which is not yet registered and not Special Marriage Act.

Now on what ground i can get him punished and i can get justice ?

Pratija Goyal (None)     26 November 2014

Awaiting for a proper response.


Adv. Chandrasekhar (Advocate)     26 November 2014

@Pratija Goyal:  It is a bigamy marriage, as at the time he was marrying you in India, he had  a living spouse (whether she was in India or abroad or the first marriage occured in India or abroad is immaterial).  But this is applicable to all except Muslims in India.  Second point I want to clarify is that not for just convicted person, even for accused person also, the extradition can be done.   But it is very difficult to extradite thee accused/convicted in matrimonial offences/bigamy cases.  Even summoning such person is not becoming possible in India.  Several DV cases and Section 498-A cases are pending against NRIs for want of proper service of summons.  The summons orders issued by the competent courts are piled up in a very big room in Lok Nayak Bhawan, Khan Market waiting for proper action.  In a very few cases, where the parties and their advocates are persistent, red corner notices are issued against such accused/convicted and in some cases the orders are being issued by some courts to the passport authorities not to renew the passport of the accused, when its period is expired  and he approaches the authorities.  So, if it suits you, it is advisable to get annulment decree and move forward in your life.  

Pratija Goyal (None)     26 November 2014

Adv. Chandrasekhar i want to punish him and want to get my almony. He is not Indian citizen so don't have Indian passport but can Indian passport authority cancel his American passport ?

Adv. Chandrasekhar (Advocate)     26 November 2014

Indian courts and authorities have no right to revoke an American Citizen's passport.  If you are interested for alimony, then do not opt for annulment.  In annulment cases, alimony is generally not awarded.  Then you have to go for divorce, first by proving the marriage with him.  But if you say in your averments that he has already a living wife while he married you, then the court will not accept your marriage and treats as invalid one.  Again, after crossing all these hurdles by engaging acumen advocate, if you get divorce decree with alimony order, then also its execution and realisation of amount becomes a problem as he does not have any property in India and the amount cannot be realised easily from America.  As far as punishing him, I clarified the position in my above posts.

Samir N (General Queries) (Business)     26 November 2014

Pratija,  your best practical option is to search for an American advocate online who specializes in civil tort and family law. Most American advocates, unlike in India, specialize in some field of law.  Most law firms have many advocates, each specializing in some area of law. Try to find a law firm which has an office in the same state as your husband. This is important for two reasons. First, of course is the convenience factor. Second, and more importantly, in America law of tort as well as family law are state laws. They vary across states. 

The next obvious question will be legal fees. Right? Do not worry. In America, it is fairly common to have contingency fee agreements. The advocate/law-firm retains a certain percentage, usually around 30% of whatever he is going to recover from your adversary. This is prohibited by the bar council in India but in America it is not only legal but is a widely accepted practice. Contingency fee agreements do not usually cover expenses but in your case you can try and explain the situation and see if you can have them take care of it.

You can recover primarily on the basis of fraud and emotional distress. The elements of fraud and emotional distress will be easier to establish in your case.  In America, for both these legal basis, you get not only compensatory award but also punitive damages which can be substantial. Alimony will be pittance in comparison! Your American lawyer will probably identify other basis on which you can sue him.

I am fairly familiar with American legal system and the court systems and am a long-time resident here and can assure you that the discussion on extradition and any remedies in India thereafter are not worth pursuing. 

Nitin (Law)     27 November 2014

Samir the marriage to this lady itself is void and she being the second  herself can be in trouble and as mentioned by her the marriage is not registered which shows the guy does not want to make the marriage legal.

Yes if the American wife wants she can file bigamy and fraud and get compensated but not the lady here with a marriage which is void in itself.Who knows if she married knowingly to get American visa ?

Samir N (General Queries) (Business)     27 November 2014

Nitin, when someone posts a question, we are in the dark on 90% of the facts and the 10% that we are told, we assume that that is the truth. My comments are based on the assumption that indeed the 10% told is the truth. It is not clear if she was deceived into a second marriage without disclosure of the first or if she deceived her husband, which appears unlikely if he was already married. Then there are a whole list of possibilities: Was her husband's marriage to an American itself a fraudulent marriage merely to get a Green Card? Did she marry this man knowing that the first marriage was a mere fraud on the U.S. govt and not a real marriage? Who knows?

As far as the legal remedy suggested by me, it does not rely on the existence or absence of a valid marriage.  Fraud in American legal definition is the basis of countless and successful law suits. It merely required a fraudulent representation on which the other party relied and consequently suffered damages - financial or emotional distress.  I also suggested an advocate who may be familiar with Family law because there may be other causes of action available to her that I am not aware of, through the Family-related acts/laws of that specific state in USA. 

People in matrimonial disputes get carried away by only family-related laws when indeed the entire law of civil torts (fraud, deceit, etc.) is also available to them. These laws merely assume that the husband and wife are two individuals and any fraudulent acts by one of them gives rise to a cause of action.  At most, in India, one may be limited to the Family Court to file such cases but I rarely see advocates explore such remedies. 

Pritam (manager)     27 November 2014

@Samir, No lawyer in US will entertain her as she doesn't have social security number. How they will enter in an agreement? Also her husband can say that he sent divorce papers to her india address but she didn't sign so by law in 3 months divorce is granted. Since this is illegal marriage I doubt he would even care to do something like that. US divorce law is explained nicely on


@Author, Are you sure your husband is US citizen? Have you seen his US passport? Try to find him on at least it will give you some idea where he works. You can get his office phone number of course by becoming recruiter.

Pratija Goyal (None)     27 November 2014

As said by Samir I tried this before to contact US lawyers and even i contacted some Indian Origin US lawyers who are dealing with American Family law.The response i received from everyone is that as i never applied for any fiance Visa or there is no record in US to show that i was his fiance or married to him and according to them its impossible to do anything.They even say that i cannot do much with Indian court orders for which it needs to be approved from US.

One of the US lawyer even made fun saying if i could file a case against him then they would be having a good business as in US relationship breakups are normal and for this one cannot file cheating or fraud.

Yes i am sure he is American citizen and he is too smart even don't have any online details i don't know in which city he lives and where he works.

Samir N (General Queries) (Business)     27 November 2014

Social security number is not required to sue or to be sued in the U.S. Foreigners routinely sue and get sued in the U.S.  It is most likely that she will have to file a case in the Federal Court rather than in a State Court.  As stated earlier, one has to look at the dispute beyond marriage/divorce.  The lady has not given all the facts and therefore the opinion I have provided is just that... a cursory opinion. 

IF, and this is a BIG IF, the lady was led to believe that the U.S. citizen was unmarried and she relied on his representation and entered into a marriage ceremony (or something tantamount to been led to believe that she was getting married to him and indeed completed the ceremony and what follows), then she was defrauded. She has to specify, with proof, what her losses were, evidence of emotional distress (medical bills, etc.) and I believe that she has, what in law is called a "cause of action." 

I do not know what Pratija informed advocates she contacted on-line, their expertise or any other details. Needless to say it helps if there is an in-person follow-up through some U.S. resident. The problem with most litigants is that they state facts that have nothing to do with the "cause of action" and thereby get discouraging answers.  In the instant case, there is not much connection with marriage or divorce laws. It is a straight case of fraudulent representation, reliance on the false representation and subsequent damages. As Einstein, or whoever, would have put it: Keep it as simple as possible but no more.  

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