Legal Question in Family Law in India
My parents are married since 1979. My father left to USA in 1983 leaving my mother pregnant with my brother who was 3yrs old. He kept promising by letters that he will get my mother there. Till date he is not divorced. However he has been involved with 2 women and has kids from both. As per my research, his bride is listed as the 2nd women name in USA. He is US citizen now. He has never helped my mother financially. She was emplyed and now retired. She earns pension. She is un well and asking money from my father to settle down the home loan. He is now asking asking for divorce and then only he will pay the money. He was ready initially 12lacs, now he came down to 2-3lacs and pay some monthly amount. I am unhappy as my mother did lot of struggle and we are poor.
I need help from you in guiding me to file a case against him. Please let me know what benefits we can get and how; and also will he be punished?
2 Answers from Attorneys
as you are saying that your mother was not divorced, your father may be held for the offence of bigamy. you may even file the complaint here in india and the courts would certainly take action. your mother can also resort to other remedies like petition for maintenance and alimony.
Since he has by now acquired US Citizenship and may not be interested to return to India, it may be too late to take any action against him.
However, you may still take your chances; your mother may file a criminal case of 'cruelty' and domestic violence; obtain NBW and look out notice and serve upon him in USA.
We do not have extradition treaty with USA; However, the authorities in USA may be persuaded to arrest him to send to India for facing criminal prosecution; a request may also be made for revocation of his US CITIZENSHIP. Faced with the threat of revocation of his citizenship, he is most likely to come to terms. Your mother may also be entitled to apply for a U-visa to visit USA for pursuing her remedy.
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