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virtualgod (na)     12 June 2013


husband lives outside india and  family is in India. They are facing these charges along with husband. husband has lawyers but   very scared of one situation. Have heard under 498a, interpol red corner notice cannot be issued anymore but against other sections like 323 504 it can be. Is it true? Can the wife's family just bribe the police and police can tell cbi's interpol division to flassh the request to put the name of the husband and go forward taht easily?

What if they bribe the police and police issues an arrest warrant and then the police gives this to cbi?

They can even try to do that even if the coutt gave a stay against arrest because the police may not even know that there is a stay and may just move forward to issue a notice after being bribed. What is the solution.

If it was only 498a, it cannot be issue but with other charges it can be issued.


 13 Replies


If you have stay in a Western country and have the right visa,nothing to worry...No Western court will extradite on Indian matrimonial charges as they are not even offences in those countries and are considered civil matters.

virtualgod (na)     12 June 2013

Thank you for your anwer. I know 498a is not an offense in Western country. But say IPC 323 is and can't the interpol issue a rcn for that because that maybe an offense in india as well  as the western country say US/UK


Before extradition, a hearing is held to explore grounds and unless strong evidence exists for offence,nothing to worry.Only problem comes if you are Indian passport hokder and passport is due to expire soon. Then Indian government can create problems.

virtualgod (na)     12 June 2013

thanks again. The indian passport will not expire for next 10 years. What is your answer to the question that say ipc 323 is valid as a criminal charge both in india and western country. The cbi's interpol divison will still not fwd the notice to france interpol and will they still not do anything. Why won't they if IPC 323 is a crime that exists as a different penal code in say UK


Domestic violence is a crime in Western countries but you won`t be extradited unless the alleged offence is serious, and evidence is present eg, you broke wife`s hand or cut herwith knife

srk (Service)     12 June 2013

wanna add something, i had a similar situation, i applied for a divorce before the 498a was filed,she left to india once she saw the summons and filed a 498a after 2 months and she contested the case partially argueing that she was not summoned according to law, i was grated divorce by the magistrate, she appealed to the judge providing all the details of the 498a such as the FIR, Charge sheet, arrest warrants, DV case what not everying , but the judge supported the magistrate's judgement, she went to the court of appeal but eventually all three judges in the court of appeal did not consider the evidence she provided, recently they also supported the judgement that was passed by magistrate, and eventually she has nothing now, case in India will go on, but who cares as i am in US and legally divorced.

After my wife side bribing the cops and others involved my passport Impound order was passed but i got stay from High Court and submitted to the passport officer. no one can now touch my passport.

i checked for Extradition but came to know that its not that easy to give an Extradition order even after bribing everyone.

i even got my H1B extended within 4 days after applying, without any issue after the 498a case was filed, im pretty sure my wife would have sent the case details to USCIS and all the US Embassies in India. but that did not affect the US processing.

so dont worry even if your wife will send all the case details to anyone, no one will really consider unless you are proven guilty by the court in India or you have any issue with law in US.

Indian government doesnot have enough money to send a CBI team to US and coordinate with FBI to get you back to India, dont think even CBI or FBI have enough time to look at these cases at all.


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virtualgod (na)     13 June 2013

I was told that the girl's side will try to cause the mediation to fail and then the investigation officer from police station if he co-operates more with girls family or takes bribe, can get the orders to be sent to US/UK embassy in New Delhi that the INdian citizen's passport is being cancelled. Can the passport be flagged and cancelled so easily? And of course if the embassy knows that the passport is being revoked/cancelled by Indian govt the foreign embassy will try to throw me out of the counry?

the passport is not due for renewal for a long time


I am not sure passport can be just cancelled.As you already won in the High Court  over passport impounding,I doubt anything can be done.Experts can better advice you on this.Do you have a travelling job?You have 10 years to renew passport.Just forget the case.Within a couple of years,the girl would need divorce and they`ll be begging you for divorce and meagre settlement

virtualgod (na)     13 June 2013

Dear red,  it is srk who has won the case in HC for passport.  That was not my reply or anything.

My Q is that is there someway the girl's family can bribe the police to get a LOC or RCN issued. Is tehre any possibility that they can do that without involving the court. If they involve the court for LOC or RCN, my lawyers can fight.

But I was told that after the mediation fails, the Investigation Officer can pla games and inform the US/UK embassy that Indian Govt is revokingh  passport and hence passport holder should return to India.


You are worrying unnecessarily.Even if passport is revoked,the problem will only come when you visit India or try to renew it as far as I know.You are free to visit other countries and approach local courts if there are problems.If the Western countries know that you are being hounded for matrimonial problems,the courts will help you if it comes to that.If you are still worried,change your citizenship to avoid problems.

srk (Service)     13 June 2013

@Virtualgod, there are 2 option for you 

1. you can go to India and cooperate with the investigation, in that case court will not ask MEA(Ministry of External Affairs) to cancel or revoke your passport, but if you go to India, you will have to face an arrest at the Airport if there is a LOC on your name and your passport will be impounded, eventually you will be able to take a AB and then request court that court is not letting you do your job as that is your only livelihood, they will return your passport, you need to get a NOC if you want to leave India for job you will have to pay a bond ranging from 3-5 lacks. and you will also have to attend the court dates.

2.Stay back where every you are UK/US, the girls side will throw money to the cops and Lawyers and in very rare cases if they are powerful enough they can send the passport impound order from court to MEA, then MEA forwards that to the passport office where ever you are staying, then the passport officer at your local embassy will send all there documents and ask for a reason you he should not revoke your passport, the passport revoke documents will be sent to both the addresses one on your passport and your foreign address, you still havea  chance to explain him with evidence to show that this is a false case which he will communicate with the MEA. this will go on for ever, i dont know how the situtation will be when you try to visit other western countries, i tried avoiding it to escape the hassel at the port of entry. i dont know if there will be any. As of i have talked to my lawyer it will take an average of 4-5 years for the 498a case to come to trial. the girls side does not have all the time in the world, as they will worry about the girls future, when they have tried all the options and nothing works, they will come for a settlement atleast after a year or so. 

there are a lots of ifs and buts, depends on how desperate the other party is to get it done, 

without knowing the complete details of your case its hard to suggest you.

The material contained on this page is not legal advice, im not an attorney, this is just my experience.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 June 2013

Dear Friend,


If you plan never to come to India, then don't worry about Red Corner Notice, it is rare.


However, if you plan to come back at some point of time, it is better to seek bail and then fight the cases on merits by getting permission to go abroad.




Shonee Kapoor 
Handphone: +91-8010850498


If you don't fight for what you want, don't cry for what you LOST.

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