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naives (Manager)     01 March 2015

Nri proofs?

Hello all,

Would someone kindly advice on the following please:-

2 of the family members that are British citizens have been accused of Dowry and DV in India with the other family members that are in India. What valid proofs does an Indian court need for these 2 members to prove that they do not reside in India and are not involved in this matter? Of course other than Passport copies which the whole family is reluctant to give through a local lawyer for security reasons.

Thankyou for your time



Learning

 9 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     01 March 2015

Dear, They have never been to India and therefore the charges against them should be dropped at the first stage only .... Give the court an affidavit that they have never been to India and let the other party prove their presence in India .... Kapil Chandna Adv 9899011450
1 Like

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     01 March 2015

Expert's Advise should suffice
1 Like

naives (Manager)     02 March 2015

Both the sisters non-indian citizens did visit once during this marriage that lasted for 2 years. do we still say that they were never in India during that time as that would be denying the fact that they did visit?

Also, as per our lawyer's info, girl has also got a medical certificate to support her DV case...God knows whoever has made it for her no idea for what date...

Adv k . mahesh (advocate)     02 March 2015

under what pretext she has named those persons in the petition should be seen because she may say that those two persons had influenced 

1 Like

naives (Manager)     02 March 2015

I am sure that she has said that these two sisters were also beating her as she has said about my over 63 yrs old mum; also when she was at Mahila court infront of my brother, she was shamelessly yelling that sisters and mother were also beating her along with brother....but yes, we need to find out more on the allegations, I wonder if we can get this info through RTI...

T. Kalaiselvan, Advocate (Advocate)     05 March 2015

The girl if decided to torture and wreak vengeance against her husband and others, she will first target the close relatives staying abroad to bring pressure on the husband and his parents so that due to the pressure these people will come down to negotiable table by budging to the pressure of extortion of heavy amounts. In any case, if the summons are not served on the foreign sisters directly, let them be rest assured, it will not be possible to bring them here to India on such petty matrimonial disputes cases. Also, such false allegations donot stand in trial, if a prudent lawyer handles the case, it can be challenged and all of you can be freed, look for one.

1 Like

naives (Manager)     05 March 2015

Thankyou again Sir, Our Lawyer has been ok so far. although they have even had meetings with him trying to persuade him into making us pay them money. When we asked the lawyer to give an affidavit stating that the two sisters do not reside in the country, he has blatantly told brother that such affidavit holds no value in court...if this is true then maybe we could just sit and wait for justice to run its course...

T. Kalaiselvan, Advocate (Advocate)     05 March 2015

It is the botheration of the prosecution side to bring all those accused before the court so you just dont worry about such affidavits.  By the way who guided you to file such an affidavit ? They are not residing in India is a fact, even the court knows that the defacto complainant has intentionally impleaded the foreigners in this case, hence wait for the court to serve the summons properly on the sisters staying abroad, until then you may sit idle and watch the developments, infact with the slow or no progress, the defacto complainant will become impatient and tend to do more mistakes which will be beneficial to you people. Wait !

1 Like

naives (Manager)     08 March 2015

Thankyou a million times Sir.regards


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