Legal Question in Family Law in India
Hi, I and my husband both are indian citizens and got married in india as per hindu marraige act and customs. my husband live in USA. he is not a USA citizen or he does not have USA green card. he is having H1B visa(work permit). As he harrassed me in USA, I have filed a 498a in india in 2007. now the criminal proceedings and arrest warrent is pending against him since 2007. he is not coming to india to face the trail. we came to know that interpol stopped issuing red corner notice based on 498 a cases. I have been living in India since 2 years. my husband still in USA.therefore I would like to file a domestic violence case (private complaint through lawyer) against my husband. I have few questions.
1) can i file DV case now?
2) I know that my husband lives at one address in US till june 2009. i do not know he is still live at that address ( ie from july 2009 on words ).the court sends summons in DV case to my husband last resided or last known US address. what happens if he already moved from that address? if we are unable to find out his address, what does the court do?
3) if my husband address was moved and summons are returned, does the court allow me for paper publication (in US papres)?
4) when does the court issue NBW against my husband?
i consullted few lawyers. but they are unable to tell.pls let me know. thanks in advance.
5 Answers from Attorneys
1. Yes, you may file a DVA case now.
2. You may send the summons on last known address of June 2009. However, you may also locate his new address with the help of postal authorities because in USA normally people will leave their "forwarding address" with the post office. You may also locate him through other search services by providing his phone, employment or other details. We may help you in this regard.
3. The "substituted service" through publication may be allowed. However, that may be done through the Indian Embassy in USA. The summons may also be served through the Embassy of India in USA.
4. The NBW are issued by courts when summons are returned unserved or when a person does not respond despite service of summons/BW.
as far as assets in US are concerned, you can do nothing about them in india. even if you able to seek a stay regarding those assets, the stay would not be valid in US. you should file a civil suit in US for the properties and in india, yes, you can file a complaint under domestic violence act. the NBWs would be issued only in case you husband, despite receiving the notice, fails to appear in person or though his counsel on the date of hearing.
YES YOU CAN. you need somehow to find his address or send summons at his employment place. you may be allowed paper publication thru the embassy. courts can issue nbw only if he fails to appear after receiving summons.
You can file a DV complaint based on a true cause within reasonable time.
Tracking an address of a person in US is very easy.
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