Arrest warrant
Bindu Kumar
(Querist) 28 June 2018
This query is : Resolved
If a person working in UAE has arrest warrant in India on a family case. But his address is unknown in India (not aware), so the court is unable to trace him. so the execution is pending since last 4 years. What can be done. I have his mobile number of UAE and he is active in Facebook, is there a way I can find him as court is asking to provide correct address to reach out the arrest warrant or arrest him directly. Can you please help?
Guest
(Expert) 29 June 2018
Discuss with your Advocate and approach by writing to the Indian Embassy in UAE with warrant details and his active mobile number to find out his present address. If his Pass Port details and xerox copies of it are available it would be more beneficial.
Vijay Raj Mahajan
(Expert) 29 June 2018
The Delhi High Court in recent order had held sending the court notice to the respondent through email or whatsapp as valid process. The arrest warrant as such can only be executed through the local police, however court notice to the respondent through email or whatsapp can be done directly by the petitioner or through the counsel.
I have in many of my cases both in Delhi Courts and Gurgaon Court sent send email to the respondent directly or through my client and copy of the same email along with the affidavit that the same was sent to the known email address of the respondent was given as proof of this process.
In all my cases the Family Courts in Delhi and Gurgaon had allowed this as valid proof of sending court notice to the respondents and proceeded accordingly.
The Court arrest warrant can be sent to the respondent through the police authorities to the last know address of the respondent but as he's not staying there it will return unexecuted . So best course is to request the Family Court to allow you to send court notice to the respondent through his known email address or as whatsapp message.
Bindu Kumar
(Querist) 29 June 2018
Thank you so much for the reply..I am the decree holder on Return of Ornaments case, execution filed in family court and the person on whom the arrest warrant is in force is my ex-husband. My advocate is not giving me any idea instead he is just insisting me to provide with the correct address. I do not have his passport details and I only have his existing mobile number in UAE and mobile numbers used by our son and his mother in India. I have visitation permission to meet my son but now he is also not responding to my calls. Can you please guide me how go about writing to Indian Embassy in UAE..
Bindu Kumar
(Querist) 29 June 2018
The notices have been sent many times to the last known addresses and getting returned and I have already discussed with my advocate about sending the notice on watsup but he says family court will not allow for such cases. And he says, if it is criminal case then court would have allowed. So I really don't know what needs to be done. The execution has been filed in. 2014.
Vijay Raj Mahajan
(Expert) 29 June 2018
I told you the arrest warrant can be executed by the police only, however the respondent/Judgement Debtor in execution case is aware of the fact that such arrest warrant has been issued by the Family Court, the method of informing him can be through WhatsApp or even his Facebook Messenger. The Family Court is to be informed that the respondent/Judgement Debtor is well aware of the execution petition filled in the Family Court against him and even arrest warrant issued for his arrest, that can be after sending these details to the respondent/Judgement Debtor. A person not living in India cannot be expected to be aware of any court proceedings filled against him unless he is informed about it.
Guest
(Expert) 29 June 2018
Seek the help of your advocate for guidance in drafting the letter to Indian Embassy at UAE.
Bindu Kumar
(Querist) 29 June 2018
Who can intimate him about the arrest warrant on watsup or Facebook messenger.
Bindu Kumar
(Querist) 29 June 2018
Who can intimate him about the arrest warrant on watsup or Facebook messenger.
Vijay Raj Mahajan
(Expert) 29 June 2018
You do it yourself. Get copy of the messages printout along with your affidavit of sending him the messages on his correct phone number known to you and correct Facebook account messenger.
Guest
(Expert) 30 June 2018
See my First Post and clearly mentioned only "Warrant Details "
Guest
(Expert) 30 June 2018
No Warrant Copy would be issued to any one and it is an Excluive Document Of Court and Police only.
Bindu Kumar
(Querist) 30 June 2018
Thank you for your valuable reply. So, as I understand that after intimating the judgement debtor about the arrest warrant, I need to write to Indian Embassy at UAE seeking help to find his whereabouts. Can this be done by email or by actual post. But my problem here is, my advocate is not much interested in helping me out of the way and he only keeps insisting me to provide his correct address. I stay at Maharashtra and the execution is pending with the court at Kerala.
Bindu Kumar
(Querist) 01 July 2018
What are the details needs to be informed to the judgement debtor regarding his arrest warrant. Do this confirmation needs to be attached while writing to Indian Embassy. There are possibilities of blocking me in Facebook messenger and stop using his current mobile number as I strongly believe he is purposely avoiding court order (arrest warrant). He would be aware of the arrest warrant as he would be visiting India once in a year to meet his siblings, mother and son.
Bindu Kumar
(Querist) 02 July 2018
What are the Warrant details I need to take from my advocate, as my advocate says he needs to apply to get from court. Also he says the case is closed until I provide the whereabouts of the judgement debtor. Please help me in finding him.
Sudhir Kumar, Advocate
(Expert) 29 June 2018
