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Kandavel Murugan (Supervisor)     15 October 2010

DV Case against person residing abroad

Hello Every body,

 

I need the learned opinion and guidance of all the members .  I am a law student and has just completed my LLB.    I am posting this  query on behalf of my cousin.  My cousin is presently abroad.  His wife is planning to file a DV against him along with dowry demand allegations.  If she files suit what would be the consequences.  Will he be deported from the foreign country.  The fact is the girl after two years of marriage had come home to her parents house during her second month of pregnancy and presently the baby is 06 months old.  But she is still not interested to join him.  She had been treating him cruelly and had been insulting him in front of her relatives and friends. She is from a well off family and want's her husband to disown his family and want's him to follow her orders to the letter.  There were few instances were she had threatened him with suicide attempt with the intention to scare him.  Now my cousin had filed for divorce during his recent visit to india.  He has returned back abroad.  My question is if a DV case is filed now by his wife including all of her husband's family members as respondents will the whole family be in trouble. ?  What legal action can he take.  he has been simply suffering for the past three years and has only come up to me for assistance.    Kindly help.  Thanks in advance.

 



Learning

 10 Replies

adv. rajeev ( rajoo ) (practicing advocate)     15 October 2010

DV act is not criminal case it is just like a criminal miscelleneous case.  If DV act is filed against all other members of the family then challenge it in the high court.  Recent judgement of High Court can help you.

Arun Kumar Bhagat (Advocate (criminal))     15 October 2010

You have to contest the case vigilantly. She will surely file this case. You have to place your tenable defence .DV Act is more draconian then 498A IPC case. 

Kandavel Murugan (Supervisor)     15 October 2010

Thank You sirs

My question is, if they lodge a complaint with the police will the police arrest the whole family or they can only chargesheet them with the case and the rest has to be faced in the court.  Further, my cousin is in a foreign country so what sort of action will the police take against him.  Will they take the issue through the respective country's embassy and arrange for his deportation or he will be summoned to india through embassy channel.  That is my question..  Further, to safe guard his position can he file a caveat in the court stating the present scenario.  Please help.

 

Thank You 

Arun Kumar Bhagat (Advocate (criminal))     15 October 2010

1. There is no provision of arrest in DV Act except violation of final order and that is bailable one.

2.There is no provision of filing Charge-sheet. In this case only notice is issued like 125 Cr.P.Code for maintenance. In case of non-appearance ex-party order will be passed.

3.There is no occasion for deportation or to be summoned through Embassy.

4. In a criminal case or application concept of CAVEAT is foreign.

I have given all answers. Even if you need more assistance you can contact me at my i.d bhagatarun10@ gmail com or my phone no. 09143176197.

malini (advocate)     16 October 2010

DV Act is more draconian. If DV cases is filed against the person working abroad.

He can file appeal u/s.29 of DV act.

He can file writ u/s. 482 in High court stating the facts to falsify the allegation made by the  wife.

dec17 (student)     20 October 2010

i dont know how people can say 498/a is being misuse and DV is being misuse this much lot of scope is their for escapeing ?

dec17 (student)     20 October 2010

HI

THE SAME CASE iam faceING orders were passed in DV . BUT HE IS IN ABROAD AND NO ASSETS ON HIS NAME SO.WHAT IS THE USE OF ORDER AMD HOW IT CAN BE IMPLEMENTED
 

malini (advocate)     20 October 2010

U will have to specify which DV order. If no assets wife is entitled for maintenance. since he is in abroad make an application to embassy of that country.It is your moral right to get maintenance. 


(Guest)

HOW LONG HE IS ABROAD, WHICH COUNTRY, WHETHER SHE RESIDED WITH UR PARENTS EVER. WHICH CITY U R IN AND WHERE IS SHE?

Arun Kumar Bhagat (Advocate (criminal))     21 October 2010

Execution of order under DV Act is very  diificult and if the Respondent resides abroad then it is next to impossible. One should try to send copy of order to Embassy through Ministry of external affairs.


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