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Author Topic: H4 Indian wife trapped in USA and getting physically abused by husband  (Read 249 times)

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Offline CALAW

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Hello,,
I am in H4 visa and have work authorisation EAD and working in USA and my husband also working here USA. We both married in India as a Hindu marriage act. I have a son who is 3 years old and born in USA and US citizen . We married 4 years ago in India . He has been verbally and physically abusing me for all these years while we are in USA . Recently he hit me and threatens me with a knife to kill me if I call the police . I reported the incident after sneaking out of the home . I am having a temporary restraining order against him. He also beaten me while I was in India but I don't have any proofs for this . But I have some photos taken for the incident recently happened in USA.

My questions
1.How can I come to India with my 3 year kid if he is not giving permission to take the baby out of the country ? I heard I may face child abduction charges if I am taking the kid out of the country . He is not supporting me financially now and I dont have much income to survive here on my own and to spend for my kid's daycare or daily necessaties

2. If he is proceeding a divorce case in here and  Can I ask Indian court to give stay from being in USA?
This is because I am dependent visa and  I would be out of the status as soon as divorce is granted and if he is able to remain the country he will have the Child since the kid  is the US  citizen

3. There is a criminal case pending against on him pressed by the government since I reported the issue , Still the decision is not yet made by the District attorneys .

4. Can I file 498 A in India for the incidents happened in USA ? I also have beaten by him in India once but were there only for a month . Will this case help me to get child custody ?

So What are all the options for me to safely &legally take my kid and come to India .?

Offline advjaibansal

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Re: H4 Indian wife trapped in USA and getting physically abused by husband
« Reply #1 on: August 28, 2016, 05:18:48 PM »
Dear Ma'am,

the domestic violence incident reported by you in USA and the outcome thereof may be more than sufficient as proof for domestic violence. As you are working, you may not get maintenance for your but for child you will.

If there is no restraining order by USA court for not taking the child outside USA then you don't need any permission and you have sufficient ground of domestic violence/physical violence to more from USA to India. It may not be good case of International child abduction to be filed by your husband.

 1.How can I come to India with my 3 year kid if he is not giving permission to take the baby out of the country ? I heard I may face child abduction charges if I am taking the kid out of the country . He is not supporting me financially now and I dont have much income to survive here on my own and to spend for my kid's daycare or daily necessaties

---Physical violence/domestic violence, not having sufficient income to survive is more than sufficient ground to move from USA to India. If there is no restraining order then you don't need his permission to take your child to india. If you wish to stay in USA and need financial support for the reason of having not sufficient income then you need to file maintenance case in USA for you and your child. You just have to come to india, can't explain everything on this forum. Please consult some lawyer.


2. If he is proceeding a divorce case in here and  Can I ask Indian court to give stay from being in USA?
This is because I am dependent visa and  I would be out of the status as soon as divorce is granted and if he is able to remain the country he will have the Child since the kid  is the US  citizen

---You cannot get stay on the divorce proceeding in USA from Indian court if you are there in USA. You may get a stay only if the divorce is pending in USA and you are in India. You need to come to India. If he files for divorce then he may not get the custody but will be getting restraining order for not removing the child from USA. If you wish to stay in USA then file for maintenance for your child and you (if not having sufficient income.)

3. There is a criminal case pending against on him pressed by the government since I reported the issue , Still the decision is not yet made by the District attorneys .

--- you may wait for the out come or even in the mean while move to india.

4. Can I file 498 A in India for the incidents happened in USA ? I also have beaten by him in India once but were there only for a month . Will this case help me to get child custody ?

---You already have the child custody with you, you don't need any declaration from the court. Yes, you can file for 498a in india once you come to india for the incidence happened in India as well as USA, as there is special provision in the IPC for the crimes committed outside the country. Please do mention about all the incidences happened in india as well as USA.

Regards,

jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

 

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