Legal Question in Family Law in India
i am an Indian citizen,I got married to an indian and went to usa. I was in usa for nine years, I was a green card holder. I have a daughter who is an American citizen I came to India with my daughter two years back. I filed for divorce in the indian family court. I have taken an injunction from the Indian court for the custody of my daughter.My divorce case is still going on. My husband got divorced in the courts of USA and remarried again. He has filed a case against me saying that I have kidnapped my child and taken her to India. The court in USA gave an Ex-parte order to bring the child to USA., but my child is still with me in India. I could not go to USA to renew my green card as he had filed a case of kidnapping my child. I would like to know whether I will ever be able to visit USA or if I go there they will arrest me. Secondly can I register a case of domestic violence against him in the Indian court, as we are already seperated for last two years and three months. Since he is in USA how will this domestic violence case under 498 affect him.
Thanks.
1 Answer from Attorneys
in case your marriage took place in India, his divorce decree is not valid per the indian laws as you did not contest the divorce case in usa. It all depends whether or not courts in US have issued warrants against you for your arrest. In that case only you may be arrested. another weak point is that how would you travel to USA if you had not obtained re-entry permit prior to your departure from USA. A green card holder has to come back to USA within one year of his departure from USA. The cases you filed in India will be affecting him as he is still your husband in accordance with Indian Laws and he cannot enforce his divorce decree upon you in India. (I am assuming marriage was in India)
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