Offence u/s 498 of ipc

Querist : Anonymous (Querist) 13 August 2020 This query is : Resolved
Respected Sir pls advise ...........

If Wife and Husband are not citizen of India (they are citizen of other country) but marriage occurred in India in 2008. They left Indian in the year 2012.

Mother in law and father in law of wife are staying in India

Wife has lodged FIR offence u/S 498 of IPC against husband, mother in law and father in law in India.

Mother in law and father in law got Anticipatory Bail.

Now father in law (father of husband) is not well and hospitalized and son (husband ) wants to come to India to meet father but he is apprehend of arrest by the Police.

1. What is legal remedy to husband (son) who is not citizen of India to come to India to meet father.
2. Whether Indian court has jurisdiction against a person who is not citizen of India.
3. Whether Police has jurisdiction to lodge FIR against person who is not citizen of India.

Both husband and wife are not citizen of India.

What is legal remedy for husband to visit his father in India.

Please advise...............

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Quick Summary

This discussion addresses the complexities of Indian legal jurisdiction concerning non-citizens, specifically regarding an FIR filed under Section 498 of the Indian Penal Code. It explores whether Indian courts and police have jurisdiction over individuals who are not Indian citizens but whose marriage took place in India. The advice suggests that if the alleged offence occurred in India, jurisdiction may apply, and recommends seeking anticipatory bail before travelling to India, while also highlighting the importance of consulting with a lawyer familiar with the case details.

Isaac Gabriel (Expert) 14 August 2020
Whether the police has initiated action through the consulate to arrest the husband?Neverthless he can apply bail apprhending arrest if he enters India.

Dr J C Vashista (Expert) 14 August 2020
Mr./ Ms. Anonymous,
Father-in-law and mother-in-law has already stated to have been granted anticipatory bail, through a prudent, able and competent lawyer engaged and paid by the accused, isn't it ? What is his/ her (lawyer's) opinion and advise ? Proceed accordingly.

Dr J C Vashista (Expert) 14 August 2020
The query is based on presumptions and assumptions which starts with the words, "If...….." means it is a hypothetical and fabricated story.
The couple is stated to be foreigners and not Indian, more over, after marriage they are stated to have left India in 2012 i.e., about 8 years before filing of complaint, which is not maintainable.

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Shilesh Patel (Expert) 14 August 2020
IPC Section 498 is applicable but it been 8 years so it is not maintainable as expert Dr. vashista said.

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Rajendra K Goyal (Expert) 14 August 2020
Since when wife is living in India? What was the time in complaint for the cruelty?

You said:
1. What is legal remedy to husband (son) who is not citizen of India to come to India to meet father.

Reply:

What is the opinion of your lawyer as he is fully aware of the case file and facts.

Try to have anticipatory bail before arriving India. Such step is open to certain complications.

Rajendra K Goyal (Expert) 14 August 2020
You said:
2. Whether Indian court has jurisdiction against a person who is not citizen of India.

Reply:

If the crime happened in India, Indian court has Jurisdiction.

You said:
3. Whether Police has jurisdiction to lodge FIR against person who is not citizen of India.

Reply:

Yes, if crime happened in India.

P. Venu (Expert) 18 August 2020
Yes, the posting is short of material facts. Please post material facts.

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