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Husband cheated and went to USA How to proceed on it ?
28-Apr-2023 (In Family Law)
Hello Sir, I got married in the year 2015 on 15th February. Me and my husband were working with Tech Mahindra at Pune. My husband got his H1B visa in August 2015 and he went to USA in September 2015. He asked me to resign from my job as he assured me that he will call me there in a month or two but later he stopped calling me and changed his contact number. I have filed Section 9, Section 125, Section 498A as well but he is not coming and neither his parents are coming to court on the dates. I have given a written complaint at local police station as well but they denied to help me. Kindly advise what should I do?
This type of cases needed to be handled not by way of legal recourse avaitbut act smart to fetch the accused. I shall be needing complete details of the case as also the address and detail of place of working of the husband.
Can be managed and resolved as you think.
Can be managed and resolved as you think.
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Adv. Om Shanker Shrivastava
Bhopal | 100+ Answers
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According your question you have filed already case concerning applications.If in spite of delivered notices issued by the honorable court , Court may issue arrest warrant under 498A and in other cases, in his absence ,court will declare him
ex-party and give judgement .
ex-party and give judgement .
Helpful?
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Adv. R.K. Gupta
Indore | 25+ Answers
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i. If your NRI husband has abandoned you in India, you can immediately file a complaint/ FIR under 498A IPC on grounds of
cruelty with the police in the local police station in the area where you were abandoned.
ii. Offences committed outside India would be deemed to have been committed within the territory of India by virtue of Section 188 of the Cr. P.C. Therefore, you can lodge a complaint for the same in India.
YOU MAY MADE AN APPLICATION IN THIS REGARD DIRECTLY TO THE GOVERNMENT OF INDIA
The applications should be addressed to the Joint Secretary, Media & Grievances Section, Ministry of Overseas Indian Affairs, Akbar Bhavan, Chanakyapuri, New Delhi. Telephone No.: 11-24197900 Fax No.: 11-24197919 Email: [email protected]
cruelty with the police in the local police station in the area where you were abandoned.
ii. Offences committed outside India would be deemed to have been committed within the territory of India by virtue of Section 188 of the Cr. P.C. Therefore, you can lodge a complaint for the same in India.
YOU MAY MADE AN APPLICATION IN THIS REGARD DIRECTLY TO THE GOVERNMENT OF INDIA
The applications should be addressed to the Joint Secretary, Media & Grievances Section, Ministry of Overseas Indian Affairs, Akbar Bhavan, Chanakyapuri, New Delhi. Telephone No.: 11-24197900 Fax No.: 11-24197919 Email: [email protected]
Helpful?
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Adv. Vijay Raghav Singh
Jabalpur | 100+ Answers
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You should apply the court to invoke it's powers under s.105 of CrPC. The summons to your husband shall go through the Ministry of Home Affairs. If then also he doesn't come then under same section you may apply for his non-bailable arrest warrant, which will amount to his extradition and will go through the Ministry of External Affairs. Remember that all this is a lengthy process and Will require your time, patience and follow-up.
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Adv. Pradeep Naik
Indore | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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