Legal Question in Immigration Law in India

Once he get married over here therefore he cannot remarry over there also due to heague treaty. So first you went to us ambessy in India and submit your marriage registration form over there and ask about your status. then i will tell you next step.

Regards

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Despite the Hague Convention, mentioned by my Learned friend Mr. Grover, there is hardly any thing you can do against him in India. Of course, if you went to USA to prosecute him, you could take various actions against him. Since it neither practical not financially possible, yu can take following actions.

1. Lodge a complian, with copies of marriage certificate, with the US Embassy with a copy to the Indian Embassy in USA.

2. Simulataneously, lodge a complain with the Department of State, US Govt. with a copy to Indian Embassy; and also copy to External Affairs Dept., Govt of India, Department of women and child development.

3. File and obtain a divorce from the local court.

it is better if you file a complaint under domestic violence act and the courts are capable enough to initiate the proceedings through embassy and MEA. once the complaint is filed and summons are issued, he is bound to appear and his non appearance may land him in trouble. he cannot get away and screw your life for good. you can implea MEA and US embassy as parties to your complaint.

(1) You may file a complaint of Domestic Violence with Indian authorities;

(2) You may persuade the authorities to issue his arrest warrants;

(3) Based upon the FIR and arrest warrant, you may apply for a special category of US visa meant for "victims of domestic violence".

(4) You may also simultaneously make representation to the US authorities and seek maintenance/spousal support.

If you have a copy of the correspondence from US about your marriage certificate, then it is a good proof of marriage acceptable to US courts. You can always obtain certified copies of your marriage certificate in India and they are as good as original in the eyes of law.

File police complaint in India as well as in US.

S.Seshadri

Advocate

website: www.lawconcern.com

emails: [email protected]

[email protected]

India Chennai Phones: 98403 20808 /28515229