canadian-indian assualt-divorce
Payal C
(Querist) 18 May 2009
This query is : Resolved
hello, i am an indian and married an indian guy in 2005 and then we both went to canada on work visa. as my husband had been assaulting and abusing me. i had to run away and come to India. I filed complain in canada before coming and i wanted to know what can i do here?
can i file domestic violence or harrasment or any other charge in india?i have heard that becauase incident happened in canada i cannot do anything in india. is it true?
if i file complain in india, how will it work because my husband is in canada and he will probably not come to india. what things can i do?
RAKHI BUDHIRAJA ADVOCATE
(Expert) 18 May 2009
U can file a complaint under domestic violence Act, U should file a complaint with women cell, u should file a petition for maintenance u/s 125 Cr.P.C. For further queries u can contact me at:- 09871158578/09711364956
Rakhi Budhiraja, Adv.
BUDHIRAJA & ASOCIATES
DELHI HIGH COURT
253, AGARWAL SHOPPING COMPLEX,
CD-BLOCK, PITAMPURA, DELHI-110034
Payal C
(Querist) 18 May 2009
thanks rakhi. i also wanted to know what can i provide as evidence?. i do not have anything as evidence(i didnot go to any medical center in canada). my friend suggests that i go to a psychiatrist and display my depression and then that can be used as an evidence. is it true?
Avinash Sharma
(Expert) 19 May 2009
Hello
In my opinion, you cannot file the complaint for domestic voilence here in india since the domestic voilence took place at Canada and you have already filed the complaint there before you proceeded for India. You may ask the status of your complaint from the office where you have filed the complaint either on net or by post/telephone or e.mail. You may file petition for maintenance under section 125 Cr P C or any other alternative proceedings usch as divorce u/s 13 of H.M.A.,or Restoration of Conjugal Rights under Section 9 of HMA.
Any other quarrey will be appreciated at 09316775995 or at aviadvocate@yahoo.com
Avinash Sharma
Advocate
Chamber No. 533,
Lawyers Chambers Complex
District Courts, Ludhiana
Punjab
J K Agrawal
(Expert) 20 May 2009
more then one complaint is possible.
SANJAY DIXIT
(Expert) 20 May 2009
You may file the complaint under DVAct, where ever you are residing in India. You may file the other cases (divorce, maintenance etc) also at your place of residence.
