Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rajeshwari (software engineer)     24 May 2012

In what ways us laws can help indian women??

Am on  H4 dependent visa , i left my husband in feb 2012(due to  torture) .Its worst time in my life .Now my H1b  processing is going on .If I  am in US, if i again start living with him.How can i protect my self? I dont have any identity except passport , no SSN, no driving license( i donno driving ).i dont have freinds and relatives in and around. If my husband again starts abusing me physicaly and mentaly , how can i protect myself? how can US laws help me , if i cant afford money there?? will divorce process is going to be easy?? how can i fight legally in US  because my husband doesnt have any intention to come to India.


 1 Replies

Tajobsindia (Senior Partner )     24 May 2012

@ Author,

In USA Domestic Violence Act cannot be applied retrospectively. Supreme Court Case Law exists (this statement is for my fellow Indian Advocate community who cannot rise above re. Versha Kappor Judgment which is a HC Judgment not even that of SC of India!)



2. In USA Domestic Violence Act is gender neutral means both gender can claim relief under the Law. He can file criminal protective orders against you and you will never be able to enter the USA if you have not already filed one against him is what I mean. 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 destroy him in USA.  



3. In USA, domestic abuse is assessed in three broad categories- physical, emotional and financial and law has defined what each of these mean very clearly. There is no vagueness there unlike India where all possible vagueness under our PWDVA, 2005 exists which even the makers of the Act cannot speak in details what all the sections actually speaks as relief to you for the Indian women that is why several sections from the Act i.e. of Indian DV Act is seeing test before SC of India now-a-days.



4. If you were abused in USA, you should file a police complaint in the local police station / county where you live in USA. That is the first step one takes there. 



5. If for some reason earlier you did not file a police complaint then this time approach the court in USA with "I want to file DV case on my husband". In USA it takes approximately 15 minutes and $0.00 to file DV case and get like Starbucks coffee "protection orders" then and there. The DV protection order is civil but any violation of the DV protection order is criminal. There Criminal Laws are going to be instant ball breakers for your husband. See the benefits now of going to USA.



6. In USA you can call the local or national domestic violence help line no. [which is 1-800-799-7233 (SAFE) or 1-800-787-3223 (TTY)] for assistance ? They act within minutes of such call coming all the way to your doorsteps. Unlike India if you call our national or local 100 number the Police Control Room operator either keep transferring call from one female operator to another or speaks just like an ant that you meanwhile may go and come back with a cochlear implant to just listen to what she says next minute. see the benefit there in USA.



7. If you file DV on him in USA you are eligible for free Green Card (every Indian's dream) with free food, free accommodation and also free money for the time being. Free money comes from the FVPSA (The Family Violence Prevention and Services Act) program maintained by the District Attorneys office of each county. They have federal Funding unlike here in India still various States are struggling to appoint Protection Officers. See that is another benefit you have going to USA.



See how much beneficial it would now be for you to go to USA and file DV there - everything is free except traveling cost to go there unlike here you have to shell out to munshi to XYZ to get your DV Complaint registered and then wait for ages to see popping of some interim relief that also ex- party bze he is not going to come here for your case. Later whom to execute that interim order to? - for this ask via PPM Sh. Chandrasekhar garu or Adv. Sh. Chandu who were vehemently advising you earlier for his Passport Impounding???



Some professionals here do give free professional advise to Indian women in distress and now don’t tell we Indian men are biased not to help fellow Indian woman in distress!!!!


Case of Ms. Zohal Hameed who is an Indian – American woman who is squatting in Indian soil staying at (Delhi’s) capitals 5 star hotels suit room (and not deluxe room) from last 2 months and has watched IPL matches at Delhi / partied to her hearts content at various Clubs and farm Houses during post IPL Celebrations which is part of IPL circuits. Then she pops a "molestation / modesty of women outraged assault charges" on some Aussie cricketer, he instantly gets sent to Tihar Jail and just today evening she announces a public 'compromises" means she is not pressing for her lost modesty / molestation charges. 


I mean I donot know if she ran short of money or devised a plan in USA to come all the way to India to enjoy hospitality of India with free Delhi - Agra - Jaipur (Forts and Palaces) holidays + IPL Match premium seat free tickets + partying at IPL match celebrations and while returning back she makes a estimates of amount spend in these 2 months stay at a five star hotel's suit room (not a deluxe room listen to that too) and adds some percentage as bonus and just walks off on business class air tickets with her beau whom she first says to be engaged to (fiancée I mean she claimed him to be) in front of National TV then he corrects her before police during statement writing in time where he himself says 'we are just friends not even engaged SHO sir' as in it means she is not my fiancée - my oh my maid who molested whom and where was the case of molestation hula bulla all about then except some TC channels TRP rose and some newspaper's circulation figure for the day shoot up and common man had something to talk about during his afternoon cup tea - all parties are happy bze end is happy just like our melodramatic movies!!!! 

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register