Javed (CA) 11 June 2012
Is it possible to send summons via Embassy on the basis of 498a,DV and CrPC 125 to someone who gave up the Indian nationality and lives in a foreign land with foreign nationality ?
No where in the world 498a and DV laws are accepted as marriage comes under civil law and not under criminal in this case how this works.Also how can someone a complaint against a foreign national even without knowing his address or income details ?
MRRpersonality (Knows very little about Indian laws) 12 June 2012
Well if the marriage was performed under one of the marriage acts of india like HMA, then a recent ruling says that Indian courts have jurisdiction over foreign nationals residing abroad as well. Deportation may not be possible because these laws are not recognized internationally. However summons could be sent via various means that the court may seem fit, including requesting the embassy or any other bailiff to serve the the notices. Warrants could be issued for non payment of the maintenance dues and hence you could be on the look out at the ports of entries, so entering India could be problematic. The courts might at it's discretion try to attach certain movable or immovable properties as part of the execution of the CrPC 125 or DV. Not sure if there any other issues, but avoiding visits to the country is the best option.
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