Legal Question in Family Law in India

What a woman do if her h1b husband abused her and then bring her to India and desert her due to dowry greed? Heard that US govt ignores 498a and many such nri remained there to avoid Indian court, even there is warrant issued against them. Whereas the problem may satisfy this section coz indian marriage system is different from that of in usa.

So I want to know which way or section to opt to get rid of such problem?


Asked on 3/26/13, 9:36 pm

5 Answers from Attorneys

Vishwa Arya Arya & Co.

please re frame your question

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Answered on 3/26/13, 10:07 pm

As far as Indian law is concern. U/ 498 a. IPC section is attract when a husband commit cruelty against his wife. Also Domestic vilence Act 2005 is avalable for the women where in she can file acase in indian magistrate court for availing remedy including damagws and punishment. In your case a warrant was issued against husband,so you use this warrnt effectively byexecuting the same through foreign court so he will get arrested but in this method you have to fallow many legal procedure.further you can sant the warrent particulars thrugh yourLawyer to his company inorder to terminate his job. You have plenty of oppertunities to take all legal action against him in indian Law.

- I.Ganesan Adocate . India.09443304902

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Answered on 3/27/13, 9:04 am
Jayesh Desai Jayesh Desai

With H-1-B he is not a permanent resident in US. You can file a complaint in India, and serve it to your husband through his Company. Company, if is a responsible Company will transfer him back to India, that should solve the problem.

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Answered on 4/06/13, 9:34 am


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