AbyChan (Student) 03 March 2012

Is extradition possible?

Hello,

I am a foreigner married to an indian wife, but my marriage is not consumated, i.e. she is still a virgin.

She is in India, while I am overseas.

My wife is threatening me to file for divorce, alimony and maintenance till she re-marries (perhaps never - which means I will pay maintenance forever). She is well educated (has a Masters degree), but unemployed at this time.

My questions are: If I divorce her

1. can she make me extradited from my foreign home country for not paying any alimony or maintenance under Cr.P.C 125 (yes, India has an extradition agreement with my country on grounds of criminal charges punishable for more than 1 year) - I own no property anywhere?

2. and if she files a harassment/cruelty (criminal suite), can she make me extradited from my foreign home country?

Please help,

Aby Chan.

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5 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 03 March 2012

Dear Querist,

It's very difficult to comment on what might be the implications without listening to the brief events in chronological order, your stay after marriage (if you guys did stay together even for a short while).

The extradition with respect to 125 CrPC won't work - for there is no greater than 1 year sentence for the same, it is one month at a time.

as regards cruelty charges - it would again depend on your stay together etc. Though the penal provisions if attracted, do really call for a penalty more than 1 year.

If you did not at all live here - they would have trouble establishing jurisdiction of Indian Courts. The fact that marriage took place in India - is of no avail.

email me the entire sequence of events for me to reach a better conclusion !

AbyChan (Student) 04 March 2012

Namaste. I sent you an email. Please check. Thanks, Aby.

**Victim** (job) 05 March 2012

Extradition in matrimonial disputes is not possible.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 06 March 2012

It is nigh impossible to extradite you unless you yourself commit few silly mistakes.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

**Victim** (job) 06 March 2012

If you are residing abroad best remedy for you is by not doing anything. It might take year or months but eventually she will get tired and give up. If you are worried about extradition that is not going to happen at all unless you turn yourself to be a hardcore criminal. Also nabbing your salary or property abroad is almost next to impossible so don't worry and just be happy don't stress yourself for any reason.