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CNAL, but I had a friend who went through a divorce here after suffering domestic abuse and then his ex wife returned to India and did the same thing that your ex is doing.
Itâs true, it doesnât make what your immigration status is for the most part. If youâre good long term (like if you gave a GC or if youâve naturalized) out here in the U.S. and never want to visit India, just stick to whatâs on the decree from California.
Here are some things they can try doing:
1) If the court in India rules in her favor, as another commenter here said, they can try writing to MEA for extradition. However, thatâll never happen as MEA must talk to DOJ about it and they need the DOJ approval to execute the extradition. DOJ only approves that if itâs something illegal out here in the U.S. as well. However, as you have a decree/agreement in California, DOJ will just throw it away. MEA will never try for extraditions related to cases like this one. Moreover, itâd be extremely hard for your exâs family to reach MEA in the first instance.
2) Even if the extradition is cancelled, MEA can mess with your passport renewal and thatâd create an issue if youâre on a status that requires you to have a valid passport. From what my friend has researched, itâs extremely rare for that to happen as well.
In my friendâs case, he ignored all the Indian court summons and the only thing he was scared of was the small chance of MEA messing with his passport renewals while he was on a H1B (so yeah, if youâre on a Non Immigrant visa, thatâd bring some anxiety occasionally but if youâre a permanent resident/citizen, youâre good). But that never happened. Now, he switched to an EB1 and I think heâll be naturalizing, so heâs good.
They can still harass extended family back in India but thatâs the most they can do if you just ignore them
CNALI live in the U.S. and I know a guy who went through the exact same thing your uncle is going through a few years ago. Except that the U.S. has an extradition treaty with India and will even extradite citizens. However, the treaty is based on âDual Criminalityâ (I.e, it should be a crime in both countries). Not paying âAlimonyâ isnât a crime out here but not paying âChild supportâ can get you in trouble.
He consulted a couple of lawyers out here and decided that he wonât pay alimony to his ex-wife in India. Not sure what happened later, but heâs been living here without issues. Our guess is that they did not even try for extradition.
