Legal Question in Criminal Law in India

Hi ,

I got married this year to a guy who is working in USA on H1B Visa. I was working in India before I got married to this guy. His parents forced me to leave my job so that I can accompany him to USA. I went there on H4 visa. Before leaving for US my Parent-in-laws forced to give them back the few jewelleries which I got as gift from relatives(they restored the ornaments given by them). I denied to give them back and took those along with me to USA. After reaching US my husband take off all my jewellaries and kept those in his bank locker. After reaching US he started with harassed me filthy languages and torturing me physically very violently as why I have not given all the gifts (sarees/jewellaries/ showpieces/etc) to his parents. Whereas I kept maximum of my gifts in my inlaws place , few in my parental house and few I took to US. After staying 3 months he forced me to come back to India for 3 /4 months which I accepted without any option. In inlaws too insisted me to come back to India. During my stay in US he started harassing me mentally and physically for no reasons. I had no friends there as he never allowed me to speak to anyone. He never gave me money and any other kind of facilities like phone etc. He started torturing me for no reasons. He started demanding money . He use to call my parents from US and accused them in filthy languages and demanded money and threatened to give me divorce. After reaching India I stayed with my inlaws house where I informed them what he did with me and requested them to stop making up stories against me. But parent inlaws and my sister- in-law tortured physically and harassed me mentally for dowry and sent me back forcefully to my parental house. They all were aware that my husband ill-temper and prone to speak filthy words. Two days after reaching to my parental house my husband and my father in law sent me mail to move for mutual divorce separately. I am totally depressed by these ongoing incidents and under thru medical treatment. I and my parents want to sort out the dispute among each other but they are continuously forcing us for mutual divorce. Its almost 6 months my husband in not in touch with me and has not help me financially too. Many of my belonging are still in USA and in my in-laws place (including all jewellaries). Now we are planning to file 498a against them. Can it be possible to for the Indian police to arrest him in US under this section? Or what else I can do to punish these criminals?


Asked on 11/24/09, 4:13 am

2 Answers from Attorneys

Seshadri Srinivasan www.lawconcern.com

Yes, Indian police can arrest him in US. For some bare details you can refer my website www.lawconcern.com.

For specific advice on paid basis write email to: [email protected]

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Answered on 11/24/09, 5:04 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

in case you are lodging an f.i.r. u/s 498a, the interpol may not issue red corner notice against your husband as the dowry harassment is not recognized as an offence in US. but if you file a complaint under domestic violence act, then your husband may have to appear before indian courts as the domestic violence is an offence in US as well. think in these lines and call upon a suitable lawyer in ur area.

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Answered on 11/24/09, 7:00 am


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