Legal Question in Family Law in India
Hi, I and my husband both are Indian citizens and got married in India as per HMA. my husband is an NRI , lives in USA. He is having H1B visa. my husband desserted me and my daughter. He even obtained ex-parte divorce decree from USA. I have filed for maintainance in hyderabad family court. As he refused to the family court summons , The family court considered him default and granted maintainace (ex-parte) to me. but he lives in USA. he does not provide maintainace to us. how to execute this maintaiannce order .(my husband does not have property in India).
I heared that while executing this order, The court issue NBW against him. But how this NBW is executed by Interpol?
Kindly let me know.
3 Answers from Attorneys
It is possible to execute the decree in some other way.
Since that effective method would be based on your case facts study in detail , email me for a paid opinion.
Emails: [email protected]
regards
S.Seshadri
Advocate
ask your advocate to get the warrant from the court which passed the maintainance order. send the same to his employer. domestic voilence is a serious offence in US. it will have Repercussion on his carrier. send the warrant to indian embassy and US embassy with his SSN No. so that he will have problem for renewal of vis. any clarification mail to [email protected]
(1) The ex parte divorce decree obtained by him in USA is not valid in India. You may seek a appropriate declaration from Indian court declaring your marriage as legal and subsisting.
(2) You may seek execution of the maintenance order passed by court in India by approaching (a) employer of your husband in USA; (b) local police in USA where your husband is living; (c) US embassy in India; (d) Indian embassy in USA.
(3) Non-payment of spousal support may also be covered under POW DVA. File a complaint in India under DVA and send copies to the authorities in USA.
(4) You may be entitled to special category USA visa for pursuing your legal remedy against your husband in USA.
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