File for divorce on grounds of mental cruelty
2) seek interim maintenance and alimony from husband
3) also file DV case seek alternative accommodation ,maintenance and compensation fir mental torture undergone by you
I am writing to formally file a complaint regarding marriage fraud, financial neglect, and emotional abandonment committed by my husband, who resides in The Colony, Texas and is currently employed at JP Morgan Chase, Plano on an H-1B visa. I entered the U.S. on an H-4 visa on 8th February 2023 after leaving my stable job at KPMG at Gurgaon, India, based on my husband's repeated assurances that he would support my education and career while awaiting his I-140 approval. However, after I made this life-altering decision, he failed to fulfill his promises, abandoned me emotionally and financially and possibly committed fraud for tax benefits. Key Issues: 1. Marital Abandonment & No Communication I had a confirmed return ticket to the U.S. for April 14, 2024, but my husband and his family asked me not to return, without any legal separation or divorce proceedings. He has not made any efforts to communicate or attend marriage counseling despite repeated requests, leaving me in limbo. His actions amount to spousal neglect and abandonment, as I am struggling alone in India, with no clarity on my future or legal rights. 2. Financial Neglect & Sudden Restriction of Access I am still listed on our lease agreement in The Colony, Texas, yet he has not provided any financial support since I left for India. Upon confronting him about a strip club transaction, he immediately changed his Chase bank app password, restricted my access to financial resources, and stopped responding. He previously contributed ₹18,000 INR per month toward my wedding loan EMIs, but stopped payments without discussion after March 7, 2024. I had to take a lower-paying job in Gurgaon due to this situation, significantly impacting my financial stability. 3. Potential Marriage Fraud for Tax Benefits He only communicated properly for one week when he needed my signature for tax filing and then cut off all contact again. He asked me whether to file jointly or separately, suggesting he was strategizing to maximize his tax refund, yet he never informed me of his final decision. His behavior raises serious concerns about whether he married me to benefit from tax refunds and later abandoned me. 4. Substance Abuse & Emotional Distress I was forced to leave the U.S. because of his excessive alcohol and drug use, which was damaging our marriage. On December 31, 2023, during an argument over his drinking, he threatened self-harm, causing severe emotional distress. His substance abuse continues unchecked, and he has made no effort to seek help. 5. Infidelity & Deceptive Behavior When I called for a counseling discussion, I heard a woman’s voice in the background, after which he immediately disconnected and has not contacted me since. On March 28th Friday(usa), I found transactions from a strip club, confirming my suspicions of infidelity. His sister tried to justify his actions instead of acknowledging his deception.
File for divorce on grounds of mental cruelty
2) seek interim maintenance and alimony from husband
3) also file DV case seek alternative accommodation ,maintenance and compensation fir mental torture undergone by you
Should i file a police complaint in the USA? Since he is not contacting from last two weeks and not making any efforts to go to the counsellor, should i file a complaint regarding his abandonment etc in US?
Yes, you can file a police complaint in the USA for marital abandonment, financial neglect, and possible fraud. However, civil legal action may be more effective. Here’s what you can do:
Report Abandonment & Financial Neglect – File a complaint with The Colony Police or District Attorney.
Marriage Fraud & Immigration Complaint – Report to USCIS & IRS if he misused marriage for tax benefits.
Restraining Order (if needed) – If emotional abuse or threats persist.
Spousal Support & Divorce – Consult a Texas attorney for alimony & asset division.
FIR under Section 498A IPC (Cruelty by Husband) – File at Gurgaon police station.
Section 125 CrPC (Maintenance Claim) – Demand financial support.
Legal Notice – Send a notice demanding reconciliation or legal action.
Gather evidence (texts, transactions, tax records).
Consult a US & Indian lawyer to proceed with legal claims.
Would you like help drafting a legal notice? Thank you. Shubham Goy
You can seek all reliefs and enforce your matrimonial rights against him in locally. You can force him to appear in local Court, you can seek LOC, red corner notice on him and seek his extradition from U.S. the India if you proceed properly. I am forwarding the law against harassment of wife by husband and his family. You will know all the law that is in your favor. Make use of whatever is required for you.
You have many options. Law is in favor of women in India. Following remedies are available to you…
After filing cases you can also intimate his employer, that will affected him employment.
Section 13 of Hindu Marriage Act, 1955 provides for divorce on following grounds like..
Contact local lawyer and engage him it take 1 – 2 years for divorce case.
Document required…
All above proceedings can be completed within a week.
No second marriage till you get divorce.
Can I request financial support through U.S. legal channels despite being in India? Since he has cut off communication and his family is also not trying to resolve the matters. I have evidence on whatsapp and his bank app transactions, as soon as i confronted him, he changed his password. Now i have no access to anything. Is this also an abuse, should i mention everything in my police complaint email in usa? Since my return is on 14th april, i have booked my own tickets and they asked me not to come before resolving matters and on other hand they are not even trying to resolve matters, i have decided not to go to usa on my own and file a complaint from gurgaon itself, he might not let me in because he might be seeing someone or planning to file for divorce as he use to threaten me from the time i started living with him in usa. Should i also report about his intoxication and substance use to police and his employer? I dont know what risks it will have but should i request his employer to ask him to provide financial support since i am still on h4 visa and its valid until december 2025. He will also file for his H1B visa extension in a couple of months as his visa is expiring in december 2025 and he has also applied for I140 green card process
A U.S. Court does have jurisdiction to entertain any complaint from a Indian citizen residing in India, what I understand is you are in India. But any Indian Court have jurisdiction of take any complaint against Indian national residing abroad and committing offences criminal/civil against Indian citizen residing in India or abroad. Such Indian Court have full power to enforce its orders abroad through local law enforcing agencies of that country. You can write all his conduct violating local laws like drug abuse—a serious offence in U.S.—to his employer. You are victim, nothing will reflect on you but will certainly affect his present and future, even extension of his visa.
If you complain about substance abuse your husband will lose his job and you won’t get any maintenance
mention all details of harassment undegone by you in your police complaint
If you feel that this marriage cannot be continued then you can file a divorce case on the grounds of mental cruelty.
If you want only monetary assistance from him then you can file a maintenance case against him seeking a good sum of maintenance for sustaining the standard of life at par with him.
This may not come under criminal law and the police may not entertain complaint for this reason. But you can file a petition seeking spousal support maintenance amount in a court in USA .
I am afraid if the US police will ever entertain any complaint regarding his intoxication or adulterous life or abandoning you or for not supporting you financially.
You cannot claim access to his bank account or personal information as a right.
Your case may be be entertained by US court if you plan to file it from India.
The option before you is to file a maintenance in India get his property attached towards security for maintenance amount.
i have filed a police complaint in the colony texas with all supporting evidences. do you think US police will investigate this matter by contacting him? How to take a civil legal action while i am in India. I have told in my police complaint on email that my return ticket is booked for April 14, but my husband and his family have asked me not to come back. Given this situation, I am uncertain whether I should still travel or if my safety, financial rights and visa status might be at risk. So if you think they won't take these matters seriously and may not call him. Then should i report to Vawa, USCIS or IRS for marriage fraud and abandoned me emotionally and financially and possibly committed fraud for tax benefits. Its been two weeks and he hasnt contacted me after i signed on his joint tax document. He doesnt have any claims for divorce because he didnt even agree for marriage counselling. What should be my next steps to keep myself safe legally and financially? What steps can take in India and USA?
We have already advised you as to steps to be taken in India
2) ypu can file DV case against your husband
3) you can file petition for RCR if you want to stay with your husband
4) in alternative file for divorce in India seek interim maintenance and alimony
5) you can file for spousal support in USA if husband refuses to maintain you
The issues narrated by you may attract offences under domestic violence act.
Hence you may decide about giving a complaint under domestic violence act
Yes you can file police complaint there but same can trigger divorce proceedings from husband in the said matter
Since you've already filed a police complaint in The Colony, Texas, it's uncertain whether U.S. police will actively pursue an investigation, especially for civil matters like abandonment and financial neglect. However, your next steps should focus on civil and immigration remedies in both the U.S. and India to protect your financial rights and legal status.
Contact USCIS & IRS – Report possible marriage fraud & tax fraud (VAWA self-petition may be an option if abuse is proven).
Legal Action for Spousal Support – Consult a family law attorney in Texas to file for spousal maintenance under Texas laws.
Restraining Order (if needed) – If you feel unsafe, apply for a protective order in Texas.
Notify His Employer – His employer cannot force him to pay, but HR may intervene if workplace policies are violated (substance abuse, fraud).
Consult a U.S. Immigration Attorney – If he tries to revoke your H-4 visa, you may have legal options to remain in the U.S.
File FIR (Section 498A IPC) – If you face mental cruelty or financial abuse, file a case in Gurgaon.
File for Maintenance (Section 125 CrPC) – Demand financial support from your husband through Indian courts.
Legal Notice for Reconciliation/Divorce – If he refuses to communicate, send a legal notice demanding clarity on your marital status.
Protection Against Harassment – If his family is pressuring you, seek legal action to prevent further abuse.
Since you are not returning to the U.S. for now, focus on financial security and legal claims in India. If you decide to pursue legal action in the U.S., hiring an attorney there will be crucial.
Would you like help drafting a legal notice or complaint to USCIS/IRS?
Your written submissions are showing that you are subjected to cruelty from your husband
- Hence, you should know, that legally you are having following right :-
1. As per law, A wife has the right to claim decent living standards and basic comforts of life from her husband. Hence for claiming the maintenance, you can file a petition under section 125 CrPc.
- Your husband is under legal obligation to provide the same to you at any cost, even he is working or not.
2. Law entitles wives a basic right to reside in the matrimonial/ home, whether the house owned by her husband or his parents, a rented property or officially provided to him.
- Hence, for claiming your residential right, medical expenses etc, and also for teaching a lesson to the family members of your husband, who subjected you torture & harassment, you can file a petition under the provisions of Domestic Violence Act.
3. As per the Supreme Court, A wife has complete ownership rights over all her Streedhan, the gifts and money given to her before and after marriage. The denial of Streedhan to the wife makes the husband and in-laws liable for criminal charges.
- And further, if the husband or his family members subjected a woman to cruelty for the dowry demand, then they can be booked under Section 498-A.
- You can lodge a written complaint against your husband, in the Women cell/Mahila Police, after mentioning all the details of torture & harassment.
- The women cell firstly will try to reconcile the dispute; otherwise, they will lodge an FIR against all the person, who subjected you cruelty. .
- If you are presently residing in India, then you cannot file a case or complaint in US Court, hence you should file the cases in India , and the Court has power to direct him to appear , otherwise his passport can also be impounded.