Legal Question in Family Law in India

Hi, my husband is an NRI ,lives in USA. we both are hindus and got married in india. I filed a 498a case against him since 3 years ago.the court issued NBW against him.he is not coming to india to face the trail.so criminal proceedings are pending against him in the court. his passport was also impounded. but he is not coming to india. he does not want to come to india, as he will be going to get green card. his visa status is H1B. the company he works in USA, has an offshore branch in india also.( his USA employer has one more branch in india). his employer sponsered h1B for him. his employer also filed/sponsering green card for him.his green card is under proceesing. (the company was first started in USA .later they started their branch in India). I think the indian court can not direct myhusband's company in USA .I have a question.

can the indian court direct indian branch(offshore branch which is in India) to with draw my husband H1B and green card sponsership which is filed by US branch? is it possible?

can the court direct ministry of external affairs to escalate/inform/discuss about all the case details with his USA company?

pls let me know. thnaks in advance.


Asked on 10/14/09, 2:23 pm

3 Answers from Attorneys
Seshadri Srinivasan www.lawconcern.com

There are other process to actualize your purpose than the methods you outlined.

For details:

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Answered on 10/14/09, 8:43 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

your husband cannot be deported back simply because 498a is pending. dowry offences are not recognized in US. you may move an appropriate application for directing the company from withdrawing H1B as a criminal case is pending against your husband but i doubt if their counterpart in US would act accordingly. you may file a complaint under domestic violence act as the same is recognized as an offence in US and some results may be obtained.

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Answered on 10/15/09, 12:24 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You may also consider approaching the authorities in USA, including his employer, to stop processing his green card on the basis of pending criminal proceedings in India.

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Answered on 11/02/09, 7:18 pm


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