Thank you for sharing the details of your case. Your situation raises concerns related to child custody, parental rights, and protection under Indian law. Below, I provide a detailed analysis and potential legal strategies:

1. Child Custody in India

• As per Indian law, the welfare of the child is the paramount consideration in custody disputes. Courts in India tend to favor the mother, especially when the child is very young, as the primary caregiver.
• Since your daughter is a minor, you can file a custody petition under Section 26 of the Hindu Marriage Act, 1955 (if you were married under Hindu customs) or under the Guardians and Wards Act, 1890.
• Indian courts have jurisdiction over custody matters if the child resides in India or if you relocate to India with her. The courts will consider your case sympathetically, especially since the father has abandoned you and shown a lack of interest in the child's well-being.

2. Relocation to India with Your Daughter

• You can file for permission to relocate to India with your daughter in the US court handling your divorce. You will need to demonstrate that moving to India is in the child's best interest due to:

  • The absence of support in the US for you and your daughter.
  • Your ability to secure stable employment and a support system in India.

• If your husband contests, you can emphasize his abandonment and lack of involvement in the child’s upbringing. His absence strengthens your argument that he is not acting in the child’s best interest.

3. Legal Protections Under Indian Law

If you return to India with your daughter, the following options are available:

• Protection Against Harassment:
  You can file a complaint under the Protection of Women from Domestic Violence Act, 2005. This allows you to seek:

  • Protection orders against your husband and in-laws.
  • Monetary relief to support you and your child.

• Child Custody and Maintenance:
  You can also seek maintenance for your daughter under Section 125 of the Criminal Procedure Code (CrPC). Your husband is obligated to provide financial support irrespective of the divorce.

4. International Aspects of Custody Dispute

• India is not a signatory to the Hague Convention on International Child Abduction, which means Indian courts are less likely to order the return of a child to the US if you relocate to India. This can work in your favor if your husband attempts to claim custody through international courts.
• However, it’s critical to secure legal advice before relocating to avoid potential accusations of parental child abduction in the US.

5. Steps You Should Take Immediately

1. 
   Legal Representation in the US: Engage a family lawyer in Oregon to respond to the divorce papers and contest any custody claim. Request sole custody, citing abandonment and lack of involvement by your husband.
2. 
   Documentation: Collect evidence of abandonment, such as emails, messages, or records of mediation attempts. This will support your claims in both US and Indian courts.
3. 
   File Cases in India: Once you relocate, you can file for custody, maintenance, and protection under Indian laws to secure your position.

How I Can Assist

• Drafting and filing custody, maintenance, or protection petitions in India.
• Providing legal representation for hearings in family courts.
• Ensuring you are equipped with documentation and arguments that will help you secure custody and relocation rights.

Contact Me for Consultation (Please note that consultations are chargeable, and the fees will depend on the nature and complexity of the services required)
You can reach out to me for a detailed discussion. I am available on:
📞 Phone &📱 WhatsApp: Nine five nine two five zero zero zero six eight 

I will guide you through every step of this process to ensure your rights and your daughter’s welfare are protected. Let’s work together to bring a resolution to this matter effectively.

Your marriage was solemnised in USA and would be governed by US law 

Indian courts would not have jurisdiction as marriage was solemnised in USA and not registered in india 

divorce would be as per US laws 

Since your daughter is born in USA and is residing in USA seek custody of your daughter in USA 

your daughter is not even one year old .you should get custody of your daughter 

You can seek help under both U.S. and Indian laws:

1. Child Custody & Relocation: File for sole custody in the U.S., arguing it's in the child's best interest to relocate to India. Courts in Oregon prioritize the welfare of the child. In India, you, as the mother, are the natural guardian for a child under 5.

2. Abandonment & Cruelty: File cases in India under:

   • 
     Domestic Violence Act, 2005 for relief and monetary support.
   • 
     Section 498A IPC for cruelty and harassment by your husband and in-laws.

3. Child's Citizenship: Apply for an OCI card for your daughter to allow her to live in India without issues.

4. Steps to Act: Collect evidence of abandonment and neglect, consult a U.S. family lawyer for custody and travel permissions, and file custody or protection cases in India if needed.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Your marriage was solemnised in USA as per that country law and it was not registered in India under special marriage act till this date hence you may not find any relief in India as per Indian laws.

You can fight the case in US itself if you are not willing to give divorce.

However since you live in the state which accommodates no fault divorce you may better consult an attorney at that place for all such further issues.

If you want to relocate to India then you may have to approach the court which is trying the divorce case and convince court to permit you to relocate to India with the child as the child's wellbeing is paramount.

You can seek for sole custody of your child citing his indifferent attitude towards the child since it's birth.

As your child is infant you are likely to get sole custody atleast now.

You can’t Indian divorce laws as you are not married in India as well as not an Indian citizen. You need to contest the same in USA only

Thank you for providing this detailed information about your situation. As an advocate practicing in India, I understand your concern and the complexity of your case, given that it involves international elements. Let me provide you with some insights based on Indian law that might be helpful in your situation:

1. Jurisdiction:
- Since your marriage was solemnized in the USA, and both you and your husband are currently residing there, the US courts would generally have jurisdiction over your divorce proceedings.
- However, Indian courts may still have jurisdiction if you can establish that the marriage was solemnized according to Hindu rites or that either party is domiciled in India.

2. Hindu Marriage Act, 1955:
- If you can establish that your marriage falls under the purview of the Hindu Marriage Act (which applies to Hindus, Buddhists, Jains, and Sikhs), you might be able to file a case in India.
- Under Section 19 of the Act, you can file a petition in the district court within whose local limits:
a) The marriage was solemnized, or
b) The respondent resides, or
c) The parties last resided together, or
d) The petitioner resides, if the respondent resides outside India or has not been hear

Regards,

Adv Arunkumar Khedia

Bombay High court

1. As the child is U.S. Indian Courts have no power to decide custody. It the  Court where the  child resides that have jurisdiction over custody.
2. Any decree of divorce based on no fault is not valid in India. Only divorce decree obtained under personal law recognized by Indian law is valid in India.
3. You can use Indian law against him in Indian Courts to force him to come for settlement on your terms. You have many options. You can file such cases through GPA from U.S.
4. He is using daughter to blackmail you.

Dear Client, 

Your situation is quite difficult, and I empathize with the emotional and legal intricacies involved. Because your case is one that doubly involves the U.S. and India, the challenge before the court in this matter is to apply the laws from both jurisdictions that regulate custody and related matters. 

The Indian law also has quite strong grounds for you in your quest for relief. The Guardians and Wards Act of 1890 and the Hindu Minority and Guardianship Act of 1956 greatly consider the welfare of the child in custody matters. Especially as a mother of a young girl, given the desertion by your husband, you could go for sole custody, advancing your plea with specific regard to your ability to present a better environment and support system within India. 

In addition, you may file a petition for maintenance for yourself and your daughter, under Section 125 of the CrPC. Your husband may well be guilty of desertion and cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955; therefore, you can apply for divorce and maintenance. Besides, if you face harassment, you can file complaints within the purview of the Protection of Women from Domestic Violence Act since there is an enactment permitting protection from domestic violence  

Your daughter is a U.S. citizen. The courts in the U.S. may thus have the best jurisdiction to rule her case. But should she live in India, this might be a case of the courts granting jurisdiction to Indian courts, specifically because India is not a signatory to the Hague Convention on Child Abduction. Then, custody could be filed in India under the traditional law of habitual residence in favor of the child's best interest.  

On another note, if your husband is denying her entry to India, you can then file an application in the Indian court to be the sole guardian of your daughter. Most of the courts will favor such lifts in remand if it legitimately benefits the innocent child. Also, you can seek an order of custody with permission for your daughter to relocate in America. Pursuing legal remedies in both jurisdictions shall further strengthen your case.  

You may engage competent family law attorneys experienced in such matters in India and the U.S. for custody and financial support claims. Reserve the evidence of abandonment, harassment, and lack of support from your husband and his family. Such proof will be crucial in establishing one side of your case. 

Indian law offers adequate safeguards to mothers and children in such cases. Applying for custody, maintenance, and permitting the moving away will ensure the safety of your daughter and ease your return to India. The pleadings in the U.S. will obligate your husband to fulfill his financial responsibilities. 

I hope I have managed to explain it well. Please feel free to write to me regarding any further doubts or queries. 

Your situation raises significant legal and emotional issues, particularly concerning child custody and your ability to relocate with your daughter. Here's how Indian law may provide relief:

1. Custody and Relocation Rights: Under Indian law, custody decisions prioritise the welfare of the child (as per the Guardians and Wards Act, 1890). You can approach an Indian family court seeking sole custody of your daughter, arguing that relocating to India is in her best interest due to your lack of support in the USA and your intention to provide a stable environment. The fact that your husband abandoned you and has shown no interest in the child’s welfare strengthens your case.

2. Legal Safeguards Against Parental Alienation: Since your daughter is a US citizen, Indian courts generally discourage international custody disputes. However, if you can demonstrate that your relocation to India is necessary and beneficial for your child, the court may permit it while addressing the concerns raised by your husband.

3. Criminal Proceedings for Desertion and Emotional Cruelty: Under the Indian Penal Code (IPC), desertion and abandonment may qualify as grounds for filing a case of cruelty (Section 498A IPC) or other applicable sections. You can also consider filing a complaint for failure to provide for your daughter under Indian law.

4. Mediation or Legal Notice: You could issue a legal notice through an Indian advocate, demanding maintenance for you and your daughter under Section 125 CrPC and addressing his desertion and failure to participate in mediation.

5. International Custody Enforcement: If your husband files for custody in the USA, Indian courts may consider the child's welfare paramount and allow you to retain custody while residing in India. However, these cases can become complex, so consulting a lawyer experienced in cross-border custody matters is critical.

6. Relocation Justification: To strengthen your case, gather evidence showing that staying in India provides a better support system for your daughter and that her welfare would be at risk in the USA without adequate familial or financial support.

Given the complexity of your case, it's crucial to work with legal experts both in India and the USA to ensure that custody arrangements and relocation plans are handled effectively and in compliance with applicable laws.

Thanks and Regards,
Advocate Aman Verma
Legal Corridor