The marriage dissolved by a decree of divorce on the grounds of mutual consent cannot be reversed, neither an appeal can be preferred against it. 

You can file a maintenance case  on behalf of your child ( you may not be eligible for maintenance if you are employed) and get a decree here in India.

You can file an execution petition through a lawyer in US in the place where he is residing  provided that country law is accepting the petition on the basis of the treaty between both the countries.

As per Civil Procedure Code, there are two ways of getting a foreign judgement enforced:

1. Firstly, by filing an Execution Petition under Section 44A of the CPC (in case the conditions specified under sec 13 of CPC are fulfilled).
2. Secondly by filing a suit upon the foreign judgement/decree.

The execution under section 44A is done only when the decree is passed by the superior court of reciprocating countries. Who are the reciprocating countries, shall be notified by government of India.( Presently United Kingdom, Singapore, Bangladesh, Malaysia, Trinidad and Tobago, New Zealand, Cook Island, Trust Territories of Western Samoa, Hongkong, Papua New Guinea, Fiji, Aden and UAE are notified as Reciprocating territory) In case of reciprocating countries, the foreign decrees are passed as such without filing of any fresh suit in Indian court because such decrees are deemed to be passed by Indian courts of competent jurisdiction.

Your ex-husband cannot fore to talk to you or abuse you like what he does now.

You can give a complaint with the police about this and seek protection as well as proper legal action as per criminal laws for this acts of nuisance and cruelties.

If court has not granted him visitation rights then you can deny him the rights.

Let him go to court and fight the stretched legal battle because it will not be possible for him to stay back in India and fight the legal  cases.

You can file a child maintenance case against him  in India itself if he files a child custody case and get an order for the court to pay maintenance to your child, he cannot escape this situation just because he is residing outside India since he is fighting the child custody case in India. 

You can consult a lawyer in the local and proceed as suggested.

Adoption is a different subject to that of the maintenance.

You must become aware of the law that  for adopting the child the adoptive father should get the consent of the biological father without which adoption cannot be done.

The biological mother cannot give the child in adoption to her husband unilaterally without the consent or permission of the biological father.

If the biological father is not paying any maintenance to the child then it is the duty of the mother who acts as the guardian of the minor child to claim the same as per the legal procedures. She cannot claim this as a reason that the biological father is not having any right over his biological child.

Thus, without the consent of your son's biological father for adoption, your fiancée cannot adopt your child, he can remain as step father to the child.

If the MOU contents which states abut the child's visitation rights are not part of the divorce decree, you need not worry because it cannot be enforced.

Let him file a child custody case afresh, which can be challenged on the basis of the nativity of your ex-husband. You can very well state that he is  residing alone in a foreign country and it is not possible to take care of the child all alone hence keeping the child's welfare and future interest  as well his career as paramount, it would be detrimental to give custody of the child to the irresponsible father who never bothered to take care of child's expense for the last three years or more. 

You can first deny his visitation rights and tell him to do whatever he feels like or go to court or police station which you ca say that you will challenge the same as per law.

Besides, you rush to file a maintenance case under section 125 cr.p.c. for your child and get an exparte decree if he is not attending the court for this case and after that you can get an arrest warrant against him for non payment of maintenance amount which will scare him way from his claim.

You may have to adopt such pressure tactics to keep him away from troubling and torturing you in any manner 

He cannot force to talk to you for any reason.

If he feels like he has visitation rights then he may have to force it in the manner known to law and cannot take law into his hands just to trouble you i the name f or under the garb or child visitation rights.

You can refuse to talk to him.

You can block his number and even his email id.

You do not have to give him lead to correspond with your through email.

There is no binding on you to talk to him  and he cannot force to talk to you.

If he feels like that his rights have been denied, let him approach court with a petition to enforce his rights. 

He will not do it for the fear of wasting his time coming to India to file legal case  by ruining his career in USA.

However since he is free t his place, the devil in his brain running a workshop which continues to torment you in many ways, hence you can be determined to not to entertain any calls from his side, it cannot be termed as violation of the MOU.

Even if it is termed so, let him approach court with a petition against you, which can be challenged properly in court of law where you can vent out your fears and justify your actions  for not responding to his calls. 

Your husband cheated you by denying you green card and then didn't pay you any maintenance. You should have demanded maintenance and alimony at the time of divorce.

Anyways maintenance application must be filed by him through you for his schooling and other expenses.

You should also demand alimony and maintenance.

He cannot challenge the divorce decree now.

You should record everything he says and does and sever all contact with him. File a police complaint immediately. This way he will necer ever attempt to abuse you.

Your child is a US citizen and hence he has a right to maintenance in the US too if you want to file it there.

File a domestic violence case against him immediately for his past sins.

Yes he can apply for adoption.

He cannot force his son to take him with him. Although he is a US citizen, he cannot do so as the child is 8 years old. Moreover a domestic violence case against him must be filed so that he will come to terms and stop bullying you.

You shouldn't take his calls. Let him come to the court where you should challenge the absence of any alimony or maintenance.

Let him apply through proper channels. Record everything he says either on voice call or in video.

1) if no appeal within period of 3 months is filed mutual consent divorce decree is final and binding 

2) you can claim actual expenses of child as maintenance from husband 

3) file for child maintenance 

You can just switch off your phone 

your husband cannot call your son whenever he feels like 

fix timings wherein he can call your son 

engage lawyer in USA for child support 

Biological father consent is necessary to give child in adoption to step father 

You can refuse to send child abroad with father if your son refuses 

insist that you must accompany son on the trip to USA for child safety 

if he has used foul language and threatened you file case of criminal intimidation against your husband under section 506 of IPC 

record the threats 

You would not be in violation of agreement if husband refuses to fix date and time for calls 

you cannot be expected to entertain his calls whenever he pleases 

Hello , me and my husband were married 13 years . (2006 to 2019) He is an NRI (US) . After 6 years of marriage we had a boy who was born in US . When my son was 3 years old , my husband asked me to move back to India with my child in order to start a business . At that point we were in the last stages of our greencard(GC). When I asked him about my GC he said I would get the GC in India . I was 22 when the greencard process started and when I was 33 I moved to India with my son . After moving here half the burden of maintaining me and son my ex husband pushed it on my parents . He joined my kid in an expensive school (5L per year , my son is 8 now ) and he would barely pay the fees .We have been living in India since 2016 , he would visit me and son once in 2 years . In 2018 august my husband received his GC.But when I asked for mine he said it would come in the mail . He even visited us that year in November . In 2019 upon pressure from my father I emailed USCIS and was shocked to learn that my gc application was withdraw in June of 2018 itSelf . The whole intent of sending me and my son to India was to abandon us here . So I asked for a divorce in 2019 itself . He first was extremely egoistic and was upset with himself that he didn’t ask first (ego) but eventually he agreed to the divorce by mutual consent. It’s important to note that starting 2019 he stopped even sending a single penny for our son , I took up a job and I take Care of my son by myself . So in Feb of 2021 we were granted mutual divorce decree along with the court order copy certified . It’s been 43 days . In the MOU no financial terms were kept apart from me allowing him to speak to my son and visitation rights when he visits . I did not deny it . After the divorce decree I had to travel abroad and he couldn’t contact me . Last week I was engaged and he realised it . He is now threatening me on calls . My ex husband lives is California, his income is 9000$. How much child support is my son eligible for ? Can I file for child maintenance? Also can he trouble me further my reversing the mutual divorce decree ? He is not happy that I am getting married . Thank you all

1.     Your decree of divorce is final. It cannot be reversed.

2.     He is bound to provide the same standard of living which  he is having to his son. He has to make provisions for food, shelter, clothing, education, medicine, recreation like paying for vacation till son reaches 18. All this as enjoyed by him. It will be 1/3 of his income. You can file and will get maintenance of your son.

3.     As stated the decree of divorce is irreversible

4.     He cannot cause any trouble, he cannot threaten you. You can warn his to desist and can also take police help.

5.     You son has right to share his ancestral properties if there is any. You can seek legal help to save the same.

6.     Congrats for taking right decision. God bless you and your son.  

7.     From your subsequent questions two issues arise.

a. Apart from being mother to his son, you are a third person to him don’t hesitate to seek police help, you are no more his wife.

b. He cannot take you son to U.S.A.  without your consent. visa will not be given to your son unless you consent.

c. You husband can adopt you son as step father.

d. Visit CARA website and register there for adoption by stepfather, the whole process will not take more than 3 months after registration  with CARA you both have to apply to City Civil Court, Hyderabad for adoption order.