how to protect my kids and not allow my spouse to take away them?
3 years ago
Hello Sir/Madam, im reaching you from Tamilnadu .Me and my husband got married in india (legally registered) and came to USA to live there and delivered a baby in USA and for second delivery since his mom came there and told him to send me India for second delivery ,he took me to india for that and from then its been 1.5 years since i left USA and now he is not taking us back and in march he came to india and in july he left to usa recently without informing me and my kids.i tried him via phone calls and emails but he is not ready to take us there and makes me to suffer here with two little kids. His family is not at all supportive in any way and his mom is not allowing him to take us there and he obeys that only .And he took my US Citizen sons passport and not giving back and for my Indian Kid he has not given papers for applying VISA and other documents etc..Now i reside in his home alone and my in laws are forcing me to go to my father's house,which i resist and staying.My parents are providing money for my necessities. His parents are telling that they will take my first son(US Citizen )and leave me and my second son alone without any support.Since he already abandoned me and my kids ,now i want to secure us and ensure in future also he shouldn't take any of my one kid away from me.What shall i do now to ensure it doesnt happen.. what can i do..kindly help
venkatesh radhakrishnan
Responded 3 years ago
Permanent residency is provided to the Indian women/ children if the spouse is a USA citizen or permanent residence. Govt of USA is very supportive to the victims of domestic Violence. Other than this, there are few visa categories that individuals undergoing domestic violence may be eligible for: Removal of Conditions on Permanent Residency Residency option for battered spouses of US citizens or permanent residents (VAWA Self Petition) U visa for victims of crimes (Applicable in crimes in the US) Trafficking visa for Spouses.
Extension of Visa of aggrieved Indian wife (as dependent) of overseas Indian spouse even after she is abandoned in India/ill-treated by spouse
Aggrieved Indian wife has the claim to the husband’s property in USA provided they are married for more than 3 years, with a child from the same marriage and wife is unable to work or earn livelihood due to physical/educational deficiency.
Payment of Maintenance for Indian wife by Overseas Indian spouse The USA courts pass order to provide maintenance to the spouse
The Govt of USA provides legal/financial unemployment benefits to the victims provided the husband is a USA citizen or permanent residence.
As any child that is born in USA is a citizen of USA. If parent take their child/children to India without notifying the other parent illegally the law and justice system takes a serious note about it. Accordingly judgment is delivered. The US State Department has 2 employees dedicated for South Asian cases of Abduction out of which one full time and a part time employee deal with Indian cases
Look out circular of Overseas Indians sent by GOI to foreign government Execution may be facilitated.
Legal assistance by foreign government to the aggrieved woman to file case against overseas Indian It is possible to seek the legal assistance from the foreign government provided the spouse is a USA citizen/permanent residence.
Satheeskumar V
Responded 3 years ago
Kirti Thakur
Responded 3 years ago
And file a case under section 125 Cr.pc to get maintenance to you and your children from your husband.
Domestic voilence
Family issuw
crpc 125 filed by my sisters mother in law on her own son (my sisters husband)
Please suggest on the steps and process to follow
husband torture to wife
