Urgent help needed

Based on limited brief limited options that you have are;

1.    US Divorce sought in reference to context is not valid in India.

2.    Unless Husband is declared PO from a Indian Court he may never choose to appear here.

3.    His current Indian passport can be clipped OR renewal of expiring passport can be stopped provided he is declared PO status and or some recovery from him shown in a Indian Court case.

4.    His overseas bank details and telephone details cannot be asked to supply under reciprocal Family Laws from US Gov. or cannot be asked to supply from any of the law enforcement Agencies there.

5.    Consulate General of India office(s) in US soils may help with Indian Court notices r/w Passport clipping.

6.    His local Employer (if any) herein Indian soils can be made party or Notice of Indian Court can be pressed via them.

7.    If there is S. 9 RCR Order in favor of wife then recovery from his assets and/or salary which is paid by his (if any) local employer can be attached.

8.    CAW or Women’s Cell have no power on PO status declaration or even for Passport clipping and these reliefs are sought from an Indian Court.

Thank you so much members for your reply.Tajob ji what is OP? If this had anything to do with being declared absconding then if I am not wrong he has the option of giving POA to somebody and avoid coming back to india. Is there any other way to bring him back atleast for mediation. Is there no other way I can get justice in India??

To "need Help" I took local friends help to inform my parents and a distant relative who booked my ticket . I could not muster courage to go against my husband as I had many reason of not doing so, first and foremost being to save my marriage which again was due to some reasons. Everybody is saying that I should be happy that I came back alive!!  For the same reason instead of going directly for the case I opted for mediation keeping in mind both your concerns i.e whether I want to save marriage & Il have to run around which I dont want as both my parents are retired. However they are taking every advantage of this condition of ours and not even willing to settle down amicably. All my belongings are with them including my books. Are you suggesting me to give up and forget about getting justice . Sir may be you are right but how can I forget tht they made my parents exhaust all their savings.I want to give my marriage last try as its basically my MIL & SIL  with full support of other members who are creating problems  and brain wash my husband . Should I forget about all the abuses hurled on my parents and torture inflicted on me for last 1 yrs. Pls guide me how should I go about. 

Thank you so much members for your reply.Tajob ji what is OP? If this has anything to do with being declared absconding then if I am not wrong he has the option of giving POA to somebody and avoid coming back to india to attend proceedings or mediation. Is there any other way to bring him back atleast for mediation. Is there no other way I can get justice in India?? How can I get atleast my belongings back.

To "need Help" Yes he moved out of accomodation in my absence taking away all my belongings. I took local friends help to inform my parents and a distant relative.My parents had to spend huge amount to book my ticket . I could not muster courage to go against my husband as I had many reason of not doing so, first and foremost being to save my marriage which again was due to some reasons. Everybody is saying that I should be happy that I came back alive!!  For the same reasons instead of going directly for the case I opted for mediation keeping in mind both your concerns i.e whether I want to save marriage & Il have to run around which I dont want as both my parents are retired. However they are taking every advantage of this condition of ours and not even willing to settle down amicably. All my belongings are with them including my books. Are you suggesting me to give up and forget about getting justice . Sir may be you are right but how can I forget tht they made my parents exhaust all their savings. Above all I want to give my marriage last try as its basically my MIL & SIL  with full support of other members who are creating problems  and have  brain washed my husband . Should I forget about all the abuses hurled on my parents and torture inflicted on me for last 1 yrs. Pls guide me how should I go about . 

There are lots of suggestions for you from everyone but the naked truth is you can`t touch him in the States unless he has property,relatives in India for which he may be concerned.He has filed in the States,If you chose to fight it in the States and lose,then an Indian lawyer  may argue that you have willingly participated in the divorce case,hence it is binding here too.

In short,he will get ex-parte divorce in the States and you will file a case in the local courts here to annul it.But unless he has property here,there`s not much else you can do.As @Tajobs has indicated,your hope is he may need to renew his passport or return to India soon.But it will take a couple of years to get any serious order going against him here in India..

Need Help, Sir/Mam I beg to differ from you and request you to abstain from making such "personal note" on public forum specially when you don't know the details of case thereby unintentionally hurting others . You are not absolutely wrong but It is not wise to generalize things.  What I mentioned here was just the gist of what I had to go through. Furthermore The way he rendered his wife utterly helpless, is it not enough to prove his immaturity and inhuman nature and that too on absurd grounds. You definitely need to know about the term "mummy's boy" and understand the psychology of such people. I agree with your 2nd point and for the same reason opted for mediation. Thank you so much for your suggestions.

Red-I do have an idea of loopholes in indian legal system exploited by men and  at times even by women. As for his passport its expiry date is around next year or may be next year. He has his entire family in india and I have no knowledge about the property in his name though his family does have ancestral as well as personal property and he is the only son. Do you have anything to say in this regards.

I would suggest you to settle things amicably and better talk with him instead of going for revenge and punishing him as this is not going to work.

About clipping passport and issuing PO is not easy as ordering Idili Dosai,this would take you years and for this you will have to run around court and spend money on lawery.You should know that soon after the news came about IrBm with 50% share in husband property most of the Indian married men already trasfered their property to their parents or siblings name and your husband cannot be an exception.

About blackmailing him with troubling his parents or relatives will not work as for this you need good evidences without which it will backfire on you.

In short if your husband is a NRI the chances you can do anything against him is only 10% and if he got Foreign passport then chances are 0%.

I am sure you re aware that he doesn`t need to come to India for passport renewal,he can do it in the States.So whatever process you need to involve needs to be quick,so it can be in force before his passport needs to be renewed.For once it is renewed,it will be another 10 years and even you will lose interest.You could potentially file false cases against him an family members in the hope that he`ll return to India,but it is a gamble.If he chose to stay there and use the money to fight the case,it will be only expenses and no money for you.Appeal to his better nature and point it out to him that he can avoid trouble to him and family members if he is reasonable with you as a first step

Nitin I guess u did not go through my query and subsequesnt replies properly. I am least interested in wasting my life in fighting case or falsely implicating his parents in false case eventhough I have reason and proof toprove their involvement. They lied even in their affidavit which was not at all shocking for me seein their & tolerating their misbehaviour from such a long time.  Above all court punishment is not going to make any of them realize what they did was wrong . As mentioned earlier they are not in a mood to act sensibly and settle down things amicable as they know our helplessnesness & which is why all they have to do in counsellign is hurl abuses on me and my parents and most of the time they don't even appear in mediation. I had almost given up and was on the verge on doing something really wrong with myself and now I can stay alive only by getting rid of my past ASAP .Going for any case would be last resort if all other things fail & it seems they are hell bent in doing so. So pls guide me accordingly.

Red I tolerated him for all this time for the same reason ,trying to"apeal to his good nature" and in return what I got is being deserted and rendering utterly helpless apart from other. Above all it was he who deserted me and not me so tell me how do I do that now. People do not take the help of such screwed up Indian legal system if they think they can manage things. It is only when other act irresponsibly and stubburnly refuse to act sensibly  and start harrasing others that the help of law is sought which is so in my case. I could have screwed up his life in US with a single complaint of mine but I didn't ,why did I do that if my intention is to take revenge now.I could have taken it much properly in US. So kindly guide me in case I am being forced to fight a case to get my rights and justice . Don't you think had they been reasonable they would not have acted this way.

Originally posted by : Prachi
	Husband in US filed divorce case without letting wife know about the petition for 2 month and then trying to get exparte. Wife came to know about the divorce case through a mail from husband's attorney after 2 months.Husband after torturing her mentally and physically  for an year deserted  her and afterwards deprieved her of all means of communication ie phone and also financially. He fraudulatly tried to make her party to divorce by taking away all her belongings and submitting  it in locker and incuded divorce clause in receipt as condition on which she can take those things back. Now husband is again evading mediation and has not appeared in any mediation sessions in India (Under CAW cell). What should the wife do now. How can she make him come back in india a face law here.How can she get all the details i.e joint bank and telephone account details from US as she never had access to all these things.Even in mediation nobody came from husband's side thrice and whenever they did ,hurled abuses on wife during session and outside court. They even lied in their writ petition and are still doing that.

ROTFL 

You can fool all the people some of the time, and some of the people all the time, but you cannot fool all the people all the time

@ Author 

1. Your designation speaks for itself " you are a doctor by profession " 

2. if husband has totured you physcially and mentally as you state why do yo want to continue staying with him if as you claim he is an animal . Would you sleep with a lion in his cage is my question to you and you very well know you would be dead meat for the lion  

3. you were deprived of communication and finances you make me laugh being a doctor having a profession and behaving like an illiterate is a question mark on you .  

your query speaks for itself 

First of all,it is a myth that you believe in that you could have screwed up his life n the U.S unless he hit you which is the charge that will stick.And you call the Indian system screwed,yes it is but it is screwed in favour of you,the Indian woman.

If he is being unreasonable((Reasonable tends to be different depending on which side of the matrimonial home you come from),then you are better off taking steps as discussed with Tajobs earlier,but be aware that it will take atleast 18 months - 2years to complete the steps that he has suggested.

Mr Stanley ,pretending to be wise nd being actually wise and knowledgable are two different things.  It doesn't look like you know anything about US and the way things are there or about the case otherwise you would not have passed such foolish remarks which  shows your standard and level of maturity. I think you better go and advocate female foeticide as there are many lions who want reduce women/girls to dead meat in many ways . Nobody forced you to give advice/react if you are doubtful about the credibility of something and let me remind you you are not here to give character certificate to people. Even if I had been any other person without valid visa and authority I could not have worked there  making me dependent  financially & otherwise on my spouse.. I am fighting because I am an educated girl and I did not fight earlier as I was  bound by some reason which refrained me from being selfish. I would suggest you first update your knowledge before questioning others and kindly remember the purpose for which you joined this forum.

Red to some extent I do not agree as eventhough the law is pro women but the innumerable loopholes and alternatives balances everything , best ex my case. No wonder why many girls in punjab end up in being "holiday bride" .Had it been so partial &  stringent  things like dowry and desertion would have vanished from India long time back but the very fact theyare still there proves my point. Thanks for your suggestions and for being sensible . Pray that I do not have to go for the options provided.

Need Justice If you are ready to  finance my stay and other expenses apart from  legal expenses I am ready to fight case there. If you can't stop giving such useless suggestions .How much details you have of my case..limited  and with a prejuduced mind you are posting comments as if you know all the details and reached a conclusion that I am wrong. You seems to have gone through some bitter experience but pls do not take out grudges on others. Again as I said you are not here to give character certificate to others. Talking of getting justice ..can you suggest me a way I can get justice without being harased...... and dragged for years whereas my husband enjoys his life there. With comments of people like you and Mr stanley this forum has become battleground for taking out grudges & frustration on each other  . 

Need Help: Thanks you for your suggestion sir.  As for accepting your suggestion ,I very well did that and for the same reason had thanked you. Rest was the reply to other contents of your post. I do practice what I say whih is proven by the fact that I had initially requested you (and not blamed you) to refrain from doing something which is not relevant and inappropriate but sometimes you need to repeat your message in a different language in order to make them comprehensible.  Again no grudges from my side Sir. I am here to seek expert guidance on my matter as sorting things at personal level is no longer in my hands otherwise I would have definitely paid heed to your advice. As also mentioned I had agreed with you on your opinion as there are both men/women who act wilfully but quite like the saying one dirty fish can contaminate the whole pond but it is that one fish who is held responsible and not the enitre school of fish. Hope you do agree with me. Thanks again for your guidance. 

@Author.

Lol

Looks like this woman knows everything then what is the advice she is looking for? I followed the whole thread but I have one particular question unanswered... if she was soo good why is that her husband opted to leave her.

" I am right rest are wrong

  I am intelligent rest are fools

  I am one gud pappa garal rest are mama bwayas!!! "

God bless.