Legal Question in Family Law in India
I and my daughter have filed a court case in India (Sec 498A, and for claiming compensation after divorce) against my son in law who divorced my daughter in USA and left her there with no support. He later sent a very meagre sum as compensation, ordered by San Fransisco court. We have been going through this for the last 2 years and the other party has not paid any compensation and has not paid any heed to the warrants issued against them. HE has a green card and has not visited India since then. We are trying to get his passport impounded. Will this affect his green card/job if we inform USCIS and his company. I understand that the embassy can ask him to come for explanation and may not actually take his passport physically and that he may also appeal against it in the court in India. But atleast that way he will come to India. WHat are the options that i have to get him prosecuted and also to bring him to India. The lower court in my district is not taking any strong steps despite a lot of effort from our side. We want his green card to be cancelled and have him here to face the court.
Thanks for your help.
1 Answer from Attorneys
since he has lawfully divorced in USA, there will be no impact on the Green Card, Permanent Resident Alien Card. In my opinion, it would not affect his job also.
However, what is important to know where did the marriage take place? If marriage was in India, then whether or not you contested the divorce petition in USA? If divorce petition was not contested in USA, the decree of divorced is not enforceable in India.
On the other point, husband will always have the right to challenge the order of issuance of warrant etc be it may under 498A or DVAct.
It is advisable to get your documents of US litigation examined and then some further opinion may be given.
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