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Payal C (Job)     18 May 2009

canadian-indian divorce assualt

 hello, i am an indian and married an indian guy in 2005 and then we both went to canada on work visa. my husband had been assualting 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 haveheard that becauase incident happened in canada i cannot do anything in india. is it true?

how will it work because my husband is in canada and he will probably not  come to india. what things can i do?

 



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adv. rajeev ( rajoo )

adv. rajeev ( rajoo ) (practicing advocate)     18 May 2009

I think u can file a complaint in India.

Sec 188  provides for extra-territorial jurisdiction over indian citizens and also of non-citizens.

This section specifies two cases in which a person is triable for offences committed out of india, namely-

1. When an Indian Citizen commits an offence in any place ither on the high seas or else where; and

2.  When any person, not being such citizen, commits an offence on any ship or aircraft registereed in india.

sl. No: 1 is applicable. 

 My sincere advise is better consult good criminal lawyer in ur locality.

Swami Sadashiva Brahmendra Sar

Swami Sadashiva Brahmendra Sar (Nil)     18 May 2009

matrimonial offences are of continuing nature. you can file complaint at a place where you reside.
n.k.sarin

n.k.sarin (advocate)     18 May 2009

I agree with Mr.Tripathi.


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