Indian marital laws a strange situation

I have to inform you that if law is misused, it does not mean that law is incorrect or all community of advocates are bad.

In fact compalint can be made by any one anywhere in the world. It is because for filing compalint there is no requirement of evidence anywhere in the world. Evidence is subject matter of trial.

Once any criminal compalint is made it is duty of police officer to investigate the matter and get the same registered as FIR only if they opins some truth in complaint. This is the weaker chain. It is because many atimes police officer without having properlt investiagting the matter, convert the complaint to FIR.

In your case, in absence of domestic relation for 4 years, now no new DV complaint can be filed. If she does so you can file objection to that and the complaint will be rejected for sure.

As far as 498A case is concerned, the same can be filed and in unfortunate event of police officer registering FIR, you may take ground of delay in FIR and provide evidence of no calls even for getting the FIR quashed.

Goutam Prasad

Advocate

Supreme Court of India

Mob: 9810753838

https://www.aegisjurist.com

https://www.facebook.com/aegisjurist

Thax Gautam Prasad for your valuable inputs.

Yes complaints can be filed by anyone anywhere in the world but in other parts of world if a woman files a complaint of domestic violance then she has to undergo a medical test and only after proper evidence the complaint is filed and for filing false complaint there is also punishments otherwise every other person can just go and file a complaint if there are no consequences.Also no where in world marital discords comes under criminal law and police using threat when husband goes for divorce.

Now in my situation when police is not having my passport or any records then how can they file case against me only with my name also how can the police send summon to me without going to external affairs ministry and countries embassy as i am not holding OCI or PIO card and i am citizen of other country and i think in my case Indian High Commission needs to first contact our countries High Commission and prove there was a marriage and a case and do you really think that they will give time to trace me and send me summon when in my country the marriage is not valid as it was not registered ? and about 498a how can Indian High commission ask a foreign country to send summon to its citizen for a law like 498a ?

@Need Justice

After checking the dictionary only i mentioned Banana republic.Yes i want to get it annulled or divorced for which if i go to India and  if i am put behind bars and if i am asked to pay a huge ransom then is this not the law of Banana republic.Also in India for annulling marriage its only possible within 1yr and not after so i have to go for divorce which means spending rest of my life flying back and forth to India.Is Indian court going to pay for my flight tickets? If India treats marriage as a crime then whats wrong in calling it a Banana Republic?

Indian laws are made for lower economic strata women to get some security for their lives but they are being misused by middle-class women and their families.There is a bill in Parliament stuck since 2010.This provides for Divorce based on iretrievable breakdown after 3 years of separation.But the ruling party has other priorities and even the main opposition party opposes it worried about losing women`s votes.

If this law were to pass,half the family lawyers in India would become unemployed.

My simple question is if a person files a criminal complaint then the most important thing is there should be proximity or any contact or living relation with the other person.In my case when there is no contact and proximity or relation then how can i commit a crime when i am not living in India ?

This would be same like if a Indian woman who is crazy fan of a Hollywood actor and who once got a pic together with this actor can just go and file a complaint of 498a and let the trial court later decide ?

@Need Justice

For your information a Banana Republic is a nation where the citizens have to give bribe to get things done same as one gives Banana to a monkey to make the move.I never visited Indian judicial office but i have seen reports on TV of Indian courts like Tiz Hazari and SC  lawyers sitting outside under shabby tents on bench which are in chains and it looks worse than the African Banana Market and here lawyers blindly put their stamps and sign notary for mere 1 dollar per page without reading the documents.

@Need Justice

Iam currently not a Indian citizen and my status here is not married and you are saying that i should hire a POA in India and go for divorce.So you are guiding me to get myself trouble in my country now saying that my status is married.

Don't you think unless i get any summon from India i should not take any steps and just forget it and go to India on a Visa.Also while applying for Visa if i am having any criminal case in India then i am sure i will also not get a Visa.

@ Author,

I agree to most of the takes by @ Need Justice to your thread post.

1. Indian matrimonial Laws are still applicable on you.
2. You were caught sleeping and now gung-ho about foreign nationality status and all that so called looks rosy in current country of your adoption.
3. You holding nationality of a country outside India has nothing to do if you should be subject to Indian matrimonial laws or not or even for that matter MEA should be made party to various proposed suit / case matters of your wife or not at this stage.
4. Your wife / her side not having your passport no. also has nothing to do in getting ex-parte Orders against you. All that they need is your last address. Your living relatives which you left behind are enough to serve upon Notice of an Indian Court.
5. Your understanding of procedures and practice of Indian Laws more specifically matrimonial Laws are in poor knowledge.
6. You should hire an advocate here via PoA and file papers under 'desertion' grounds only if you have proof of her desertion just after marriage when you left Indian soils. Otherwise she still has many grounds to charge you under both criminal / civil family Laws no matter what your current nationality says about you. The fact that she is Indian national and parties marriage took place under Hindu Marriage customs and traditions are enough to raise such 'cause of action' by her.
7. What one party currently sees similar Laws in his country of adoption by way of getting its nationality is nothing to do here if and when such 'cause of action' she raises in an Indian Court.
7.1 The most amusing part here in your brief is that if you are so happy of your country of adoption / nationality status then why woke up after 4 years and boosting of so called rosy pictures of your adopted Country? Mind it your country will not rescue you if one single family law related case is filed by your wife against you here in Indian soils. test my this parting say by calling Embassy of your country of nationality and place verbatim here for all readers to read what their reply is :-) . You should have remained silent Mr. Smart.
To sum-up:-
Law will eventually catch up sooner or later as per your brief no matter even now if you change your name in Passport issued by your current adopted Country.

On a forum like this i was expecting a correct legal response from experienced and learned lawyers but it seems here just by the name of laws like 498a people start hiring lawyers.I still did not get answers to my questions other than advice for hiring POA and lawyers.

@Need Justice

Also please don't always refer to wiki for everything as for the word FU** you will also find different wiki explainations.

You already declared that i have committed a mistake but you should know that the country where i live and which passport i hold does not consider such Hindu ceremonial marriages as legal and this marriage is not valid here so as i have not committed a mistake here.The scene of DIL movie in which Aamir burns the fire and makes the phere and cuts his finger and use blood as sindoor is valid marriage in India but here its considered a  comedy scene.Here marriage needs to be registered by both partners and its a legal document.So my situation is the legal validity of my marriage ?

Thnx TajobsIndia for your inputs. I also agree that my understanding of procedures and practice of Indian Laws more specifically matrimonial Laws are in poor knowledge.

Now i only have 2 questions for which i am looking for an answer and nothing more.

1.  If i never visit India then is it possible for Indian legal system to extradit me or any other trouble?

2. What all cases can be lawfully filed against me other than desertion(which is not a criminal offence) in India ?

After 3 years of no contact she cannot file 498a or 406 against you.

www.mehnat.in

@TajobsIndia after reading your post it seems either you are victim of such law or you are a lawyer who makes money by only making people afraid of such laws :)Also you have mentioned that she got provisions to charge me under various Criminal and Civil family laws but you failed to mentioned are these charges valid and reasonable as she can even charge me for rape if she wishes that's what you say.

That was funny to read making MEA part of case and also my embassy not helping me in matrimonial cases in India.I would really like to know from you a single case in which MEA was made part in matrimonial case and India got any foreign national even an NRI extradited on such matrimonial case.

Mr. Manish says that DV is not applicable after so many years and Manish says 498a and 406 not applicable after 3yrs Taj-from-India says i will be prosecuted under many criminal and family laws.

Now question of visiting India after 4yrs it was only a vacation plan and not something very important for me.Also i am not boosting or giving Rosy picture of my country its only that i want to only know if i get in any trouble if i land in India.

@ Author,

We are pleased to hear that now you are talking and making right intelligent questions;

1. She has right to file S. 125 CrPC.
2. She has right to file Divorce under ‘mental cruelties as well as desertion’ r/w S. 24 HMA for interim maintenance further r/w S. 27 HMA. She has right to file restraining order against you not to get married overseas.
3. She has right to file maintenance under HAMA along with above.
4. She has right to file Complaint under DV Act praying for various reliefs.
5. She has right to file S. 406 as well as S. 498a IPC
6. She has right to file S. 9 HMA and seek property / share under your name or part of your income (which you earned or earning overseas) or both as and when she gets to know more facts respectively yet such Execution Orders are not easy to get dismissed. 

Read 100 times in above I have used ‘right to’ and I am not your wife’s proposed case Judge nor I wish to be one, so right to and ‘final adjudication’ word, phrase you find meaning of from your own choice of online or legal dictionary or from embassy officials of country of adoption and feel how amusing all these could be when an married female Indian national uses her ‘rights’ on a sitting duck herein YOU.

A. Extradition in family law matters are difficult yet not impossible. You may not choose to come to India ever, but, if she arrays’ any of your family members then their emotions will force you to settle lost and found boosting facts of yours with her soon than latter. She can summon MEA in any of the above proposed rights cases for furnishing complete file of your surrendered Indian Passport and its trace-route of current Nationality that you boost thereof. Mind it one letter which you have no access of from your current country of adopted Nationality is long back already sent to nearest Indian Consulate Generals / Indian High Commission’s Office for information purposes which onwards get relayed without your knowledge to Regional Passport Office in India (for no objection) from where your last active Indian passport was issued. So tracing all these papers are not impossible and is just matter of summoning with clear question what to bring while being summoned (i.e. MEA officials in any of the court cases) J
B. Ex – parte Orders in all above ‘rights’ are time consuming yet not difficult.
C. You are going to remember your wife for many more years to come inspite of no contact from last 4 years J  Reason being you have not met her in Indian Courts.


Lastly: Young man, keep the change is reply to your next statement made to me. As far as single case is concerned first go and make phone call to your Embassy "if they will help you if any Indian family law case filed by your 4 years lost and found wife?" Boldly place their reply here instead of attempting to make so called fun of me when you have no knowledge of Indian family laws. 

Or if you want to know from me just mention your nationality here I will send you the link of your countries Embassy and what they say Officially about Indian Family Laws and their subjects facing such Indian Laws. I invite you to accept this small challenge and then I will give you extradition request cases which will make you twist-n-turn round and round forever.

Naveen,

You can engage a lawyer and see whether there`s a Look Out Circular(LOC) in your name.There might be if your wife has filed cases which you weren`t aware of and got some orders as you haven`t appeared.You will be arrested at the airport if there`s a LOC in your name.If there are none,then it`s fine for you to come to India as long as she`s not aware that you are here.But if she becomes aware,then she might take this oppoturnity to file false cases thus creating problems where you cannot leave the country for a few months atleast.

It`s almost impossible for your wife to extradite you when you are abroad as the Western countries only extradite people if they commit offences which are offences in those countries also.And Indian Matrimonial laws like Desertion are what`s called Normal behaviour in those countries.My best advice to you is to hire a local lawyer and check things out if you want to visit India.

@Tajobsindia

I think the correct word should be right to misuse and not right to as cases like 498a and 406 does not apply in my case so i can only say its misuse.

About my citizenship i have a Swiss passport and please let me know how can my nation allow me to get extradited by the complaint of a woman from India and that too under the law what you call HMA(Hindu marriage act).

@Tajobsof India

file restraining order against for not to get married overseas

That was really funny :)

@red

Thanks for your advice and what you said is right here matrimonial problems are not treated as criminal offence and i was really surprised to read what TajobsIndia wrote as it seems this guy only trying to give wrong advice making people afraid of such laws and give up to the fear tatics of India legal system which has no value here for a person who is living here.Indian government failed to even extradit deadly criminals from other countries and Taj is saying how India government will spend time extraditing a man on matrimonal issue :) I think he should give examples of some real cases instead of just beating the bush.