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Kiran Kumar   30 January 2025

Criminal case for people residing abroad

Dear sir,

My wife's family is threatening to give the dowry case and domestic violence on me and my parents. I'm currently in abroad for more than 50 days and I am going to stay here for work hereafter.  Some people say if they give complaint I should go to India to give my side of explanation in police station as soon as they receive complaint and ask me to come to India and then clear it to come back. Please clarify .

Thanks 

 



 9 Replies

Dr. J C Vashista (Advocate )     30 January 2025

You may use online facility for filing of complaint and investigation, otherwise, seek help of some sibling/relative / friend / acquientance / attorney for proceeding before authorities / Court

T. Kalaiselvan, Advocate (Advocate)     30 January 2025

In the event of criminal complaint lodged against you then the police may summon you to appear before them for inquiry 

In that case you may decide to be represented either by a lawyer or apply for anticipatory bail and challenge the case in court of law accordingly. 

Kiran Kumar   31 January 2025

Okay sir thank you. I just wanted to know, she is not speaking to me and went . She's not ready to speak or compromise but telling she wants divorce.  There is no immediate big incident leading to this.  She tells me wrong whatever I do.  How do avoid paying maintenance bcoz now she's teling she married without interest. If it's a genuine case we can pay but she destroyed child life and my life .and I am not willing to pay. But law is very worst in india on guidelines on how to handle this issue.  Please suggest . 

Dr. J C Vashista (Advocate )     31 January 2025

Facts posted in this query is totally different to earlier for facing a criminal complaint and now maintenance and welfare of child, what is the actual problem for consideration and obligation of experts ?

It is better to contact, consult and engage a prudent lawyer where your wife is presently staying as she would prefer to initiate legal proceeding from there only.

Kiran Kumar   31 January 2025

Even I'm shocked like you in my life on what's happening to me and my kid

Naveen Arya (Lawyer)     03 February 2025

Your situation is serious, and legal advice from a qualified lawyer is essential. However, here’s a general understanding:

  1. If a Complaint is Filed – The police may issue a notice under Section 41A of CrPC (if it's a non-bailable offense), asking you to appear.
  2. Look for Legal Protection – You can apply for anticipatory bail to avoid immediate arrest.
  3. No Immediate Travel Required – If you are abroad, your lawyer can represent you and handle the initial proceedings. Courts sometimes allow video conferencing for statements.
  4. Legal Help is Crucial – Engage a lawyer in India immediately to monitor the case and prevent any ex parte action.

You can consult with me one to one. You can check my profile: Advocate Naveen Arya.

P. Venu (Advocate)     06 February 2025

Domestic violence case is civil in nature. You could be representd by a lawyer.

In case of dowry case, police aithorities can call you for investigation. However, they cannot compel you to return back to India. You seek legal assistance in such an eventuality and act accordingly. There is no need to rush for anticipatory bail.

 

Dr. J C Vashista (Advocate )     07 February 2025

Generally cases under Protection of Women from Domestic Violence Act are governed by Criminal Procedure Code, 1973 despite the fact that the Court may adopt either civil,  criminal or any other procedure as provided in Section 28 of the Act, which reads as:

Section 28 in The Protection of Women from Domestic Violence Act, 2005

28. Procedure

(1)Save as otherwise provided in this Act, all proceedings under sections 12, 18, 19, 20, 21, 22 and 23 and offences under section 31 shall be governed by the provisions of the Code of Criminal Procedure, 1973 (2 of 1974).
(2)Nothing in sub-section (1) shall prevent the Court from laying down its own procedure for disposal of an application under section 12 or under sub-section (2) of section 23.

Sudhir Kumar, Advocate (Advocate)     12 February 2025

You hve not stated wht is your nationality.  It is vital.


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