seeking short/effective route for Remedy against injustice from a USA court for an India citizen?

Question

An USA citizen husband marries an Indian lady.After 5yrs,having a child decides to seek diovorce without elimoney and child support,strategicaly drives the wifewith child penniless out of USA, sends both to India with instruction to return when the child gets18yr old. The wife and the child decides to return USA against the wishes of husband so he issues athreat from USA to India through ISDcall.The wife worried about safety in USA decides to cancel booked flight to USA,continues staying in india.After nine months of the stay in India by the wife and child in India,thedivorce order ispassed through default by the USA court ignoring the fact that respondent's inability to attend the court was only due to domestic violant action of the petitioner and his issue of threat during the process of law and creating hurdles. USA Court ignores fact that verification of threat can only bedone by USApolice at its behest, and the impossibility of substantiate by the receiver of threat in India.

Answer 1

No problem lady you have remedy available here in India itself. Although this will not be sufficient amount of relief but it can be a matter were your husband will have to undertake traveling to India frequently to attend the proceedings of the case every time till the final order? You just file an application for maintenance for yourself & your child under section 125 of the Criminal procedure Code. As this provision is available to even a divorced wife you can do it now. But till this order is passed against your husband, he will have to be present during each date of hearing which itself can be on monthly basis & it can take even six to eight months or even more to decide & the best thing is that he has to be present in person on each date of hearing as this matter is under the Criminal Procedure Code. He cannot get exemption on date of hearing just because he is staying in USA, for each exemption application you can insist for its dismissal & heavy cost. This is a hand twisting method were you can make him to come down to India & even settle your old accounts along with settling a good amount of alimony that was eluded from you. Contact me directly for any further legal guidance directly [e-mail].

Answer 2

I do not know why you blame the US authorities. The court any where will only act as per the evidence and not merely on the basis of your pleas, however genuine it might be. I wish you had lodged a complaint with the local police, as and when you received the threat; retained the proof of his telephonic threats. You could also have lodged a complaint with the American authorities, through the Embassy here. You may perhaps prefer an appeal before the competent Appeal Court in the USA.

Answer 3

Then it may be comprehensive chaos. finally, all 3 international places are going to be demolished. a international while China and India are allies. it is like peanut-butter jelly sandwiches have wings so as that they gained't be eaten. we be counted on China and India, and that they be counted on us much greater. All 3 economies will go through majorly. What i'm attempting to assert is, interior the top, no person will win. honestly, the three international places gets their allies to connect the conflict and nuclear technologies is going for use. So permit's bypass our palms some thing like this under no circumstances happens between India, China, and united states of america of america.

Answer 4

Contact Legal Aid in the city where the divorce was granted. This is something you should have done before the divorce.

Answer 5

Go to family Court.