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Sana   29 February 2016

498a extradition

Hi everyone,

There is a 498a case pending against my husband for the last 4 years. He is in Canada (Canadian citizen) and his parents and other family members are here in India. The case is pending but he is not attending the courts. We believe he is living with another woman

As per my lawyer’s advise I have now submitted a petition at the trial court, praying the court to order superintendent of police & CBI to issue Red Corner Notice against my husband and also order the Ministry of External Affairs to extradite my husband under section 19(2).

  1. Will the court rule favourably so my husband gets extradited?
  2. Any reason for the courts to reject the application?
  3. How long will the process take?
  4. Can my husband still escape? 

Await your valuable replies & comments,

Thank you

 

 



Learning

 3 Replies

Shishir   29 February 2016

Hi

In 498a, i got interim and went through first mediaition.Now after first medation process, 2nd mediation date has been given for further hearing.

Now i dont want any mediation or compromise, what shall i do ? I mean can i withdraws my bail application pending in high court, waiting for result of mediation process. 

Vijay Raj Mahajan (Advocate)     29 February 2016

Try your luck as advised. But I'm doubtful if you'll succeed. Red corner notice is issued for criminal matters relating serious offenses like sedation, terrorist activities not for matrimonial disputes like the one you complained.

srk (Service)     02 March 2016

Extradition is impossible.

Interpol stopped issuing RCN for domestic issues related to 498a, they believe that it is one of the most misused section in India.

Even if Interpol issues a RCN, he can move to Canadian court to challenge extradition, as there is no 498a section in canada, it will be hard to prove, candian governament has to spend a lot of money to investigate and prosecute him, do you really think they have time of this?

If he was an Indian citizen you could have tried to get the passport impounded, as he a canadian citizen you dont stand a chance.


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