Legal Question in Criminal Law in India

I married to an NRI(H1B) and our marriage happened in India. After marriage he and his parents harassed me and my family for their financial and cruel motives. We lived together in USA for nearly 1 year and when we came to India he secretly went back to USA with out intimation . As soon as i came to know this and when asked to their parents and elders they ill treated us and harshly sent me out from their house. Even though we tried our level best for reconciliation through mediation they cruelly said "My son is in abroad what u want to do u do we don't bother". This is only brief part of the harassment i underwent. Atlast vexed and constrained to file a complaint against my husband and his parents under sections 498a,420 and maintanence. Case is in process and now
1) Is it possible to send back maintanence summons saying that he is not available or he is not working there by managing his company officials or like?
2) Is it possible for my husband to file for divorce case in USA to escape from these case proceedings in india and not to come back to india for years even though we got married in India and iam in india now staying idle with lot of pain?

Asked on 9/17/09, 6:21 am

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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you can serve the summons on husband through ministry of external affairs and also take US embassy in the loop. he may file a divorce in USA and for that you need to hire a lawyer there but in case proceedings qua marriage are pending here in india, the decree of divorce passed by US courts may not be valid in india.

Answered on 9/17/09, 7:51 am

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