Legal Question in Family Law in India

Hi,
I and my husband both are Indian citizens and got married in India as per hindu marriage act and rituals/customs. my husband has H1B visa ( work permit) and working in USA. he does not have US green card or US citizen ship. As he harassed me for additional dowry , I have lodged a 498a in hyderabad, India.the court issued NBW against him.the criminal proceedings and NBW is pending against him since 2 years. the hyderabad police sent requisation to Interpol, New delhi to issue red corner notice against my husband who is in US. But the Interpol, New Delhi told us the Interpol has stopped issueing red corner notice against NRI's based on 498a cases. therefore The interpol, new delhi sent papers/reqisation to Interpol, washington D.C, USA to trace and extradite/ deport my husband.the Interpol, washington D.C does not issue red corner notice, it just trace and extradite.
If the interpol issue red corner notice, then NRI's do not get green cards. Now as the interpol is not issueing red notices, NRI's do not have any problem to get green cards. therefore NRI's are taking it as advantage and they are not coming to India. In amny cases, even if earlier Interpol issued red corner notices also, NRI's did not come to India to face the trail. The interpol just extradited only 3 to 4 NRI's from the past 15 years in 498a cases. even if we wait 10 years also , the interpol can not extradite the NRI.
my husband took this as advantage ,he is not coming to India.he green card is under processing. he will be getting soon his green card. as he is not coming to India, his passport was impounded. but he hided it from US citizenship and immigration (passport impounding matter). he did not inform to US immigration service that his passport was impounded. in this case, I have a question,
can I file a writ petition in andhra high court asking for a direction to ministry of external affairs and embassy of india to escate/discuss/inform to US citizenship and immigration, US home land and security, US GOVt about NBW, passport impounding, pending criminal case against my husband. is it possible to file such type of writ? does the high court consider and give direction? pls let me know

Asked on 9/30/09, 6:14 pm

3 Answers from Attorneys

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

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dowry is not recognized universally so the red corner notice would not be issued. such notices are issued only when the act of the offender amounts to an offence in both the countries. you may file a complaint under domestic violence act and then the RCN may be issued as DV is recognized as an offence in US as well.

Answered on 10/01/09, 12:58 am

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Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Yes, the High Court may issue the directions you are seeking. Besides, you may also consider making complaint of 'domestic violence' to US authorities, backed with your FIR / NBW.

You may also approach ICE seeking his prosecution.

You are also entitled to seek US visa under a special category meant for "victims of domestic violence'.

Answered on 10/01/09, 10:41 pm

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