Legal Question in Criminal Law in India

Very very urgent
I am in a very mess up situation.I got married under hindu marriage
act in 2005 in india.My husband works in US on h1 visa.I stayed with him for 2 years on H4 visa.I was tortured by my husband and his parents.So i had to come back to india.In US he got divorce last year on the ground of irreconcible differences.I did not subject myself to the juridiction of US court.After i came to india i lodged 498a against my husband and and in-laws.Police took the FIR.But at later stage my husband quashed the 498a FIR on the ground of juridiction beacuse offence was comitted in US and not india.He quashed it by appealing in high court.But in US when i raised this juridiction isuue he ignored it and got divorce there.As USA divorce is void in india so he again filed divorce in india .But as he lives in US and my h4 visa got cancel beacuse of US divorce he will never take me in US.He will desert me here.He got the divorce from US just to cancel my H4 visa.The man who ignored juridiction raised in US raised juridiction in 498a case and quashed it in India.Though he has again filed for divorce in India but whats the use even if he will not get divorce in India as he lives in USA not in India.How to get justice as he has quashed 498a in India?

Asked on 2/27/09, 11:14 pm

4 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: Very very urgent

(a) You may challenge the quashing order passed by High Court before the Supreme Court of India; the curelty/domestic violence is a continuing offence and there may not be any lack of jurisdiction with the local police.

(b) You may also seek green card in USA, if you so desire, on the ground of domestic violence;

(c) You may seek an order of maintenance from courts in India; and may approach the US courts/authorities for enforcement of that order.

Answered on 2/28/09, 1:24 am

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Pranav Desai PD Legal & Associates

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Re: Very very urgent

If you have been tortured in USA then you can approach the US authorities for remedies. If, any offence or a part of offence i.e torture has occured in India and the High court has quashed you 498A complaint in that case you may approach the appellatte authority against such an order of high court.

Answered on 3/01/09, 12:24 am

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