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Physical abuse and husband going to USA


16-Mar-2026 (In Divorce Law)
I am a woman from India with a minor daughter. My husband has a postdoctoral job offer in the USA and is planning to leave soon. He has a history of domestic violence and is not providing any financial support for our child. Police had once been called to rescue us but no FIR was filed at that time. If I file an FIR now or file a maintenance or domestic violence case, can the court stop him from leaving India? How fast can the court act in such situations before he
Answers (5)

Answer #1
667 votes
You have told that you are a married woman and you have a daughter. Your husband is a post doctor and he can go soon for his research in it but he treats you and your daughter with domestic violence in which police action was also taken by you once but the police did not file any reportAnd your husband does not support you financiallyIf you file a report of maintenance and dowry harassment against your husband, then while granting bail in the dowry harassment case, the court can impose a condition that your husband should not go abroad and can also get his passport deposited
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Advocate Rajeev Kumar

Adv. Rajeev Kumar

LawRato Bijnor | 700+ Answers
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Answer #2
612 votes
you can file an fir there is a time period of 3 years of limitation file a case of domestic violence under section 498 a where the judicial magistrate will grant protection order and right of shared residence the court can impound the passport
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Advocate Spiti Sarkar

Adv. Spiti Sarkar

LawRatoGreater Noida | 700+ Answers
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Answer #3
681 votes
If you lodge an FIR, against him surely the police will stop him and forfeit hIs visa and passport . Then after you should file maintenance under 125 crpc or 12 DV Act. Court is not so fast as direct police involved after lodging FIR will do it.
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Advocate Hariom Dubey

Adv. Hariom Dubey

LawRatoVaranasi / Banaras | 25+ Answers
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Answer #4
791 votes
if visa has not been approved then it will be easy for you otherwise court has power to stop him and court can impound his passport and many more remedies are available for more details you can contact me and after some more information from you i can help you in legal matters.
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Advocate Ankit Singh

Adv. Ankit Singh

LawRatoAllahabad | 100+ Answers
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Answer #5
569 votes
Dear Client, I have reviewed your situation regarding your husband's departure to the USA. To prevent him from leaving, you must immediately file a Domestic Violence (DV) case or an FIR for cruelty, along with an application for a Look Out Circular (LOC) or a court order to restrain his travel. While a maintenance case ensures financial support, a criminal complaint is more effective in restricting travel. Given the urgency, I recommend a paid consultation to discuss the specific legal strategy, collect necessary evidence of past incidents, and file the required petitions in court immediately. Please connect for a detailed session to protect your and your daughter's rights before he leaves.
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Advocate Sudesh Kumar

Adv. Sudesh Kumar

LawRatoAgra | 50+ Answers
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