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Sudha (None)     14 June 2013

Extradition in indian matrimonial issues

Dear Members

I am a 31yr old woman who got married according to Hindu traditions in a temple and ours was an arranged marriage.The man whom i got married is a NRI and for him also this was a arranged marriage.After marriage i my family expected that he will take me along with him but after marriage i found him strange as he showed no interest in me and our marriage also not consumated.He completely ignores me and he said he was never interested in marriage and i cannot force him to do anything which he does not want.He left for Melbourne and its always me who contacts him but he never cares or contact me and as our marriage is not registered i also cannot apply for a visa myself and go there.

My father called him and what he said was he was never interested in marriage and he wants to live a single life forever so if i want i can get a divorce.The marriage is now 1 half years so its also not possible to get it annulled and divorce is the only option.

We consulted a lawyer and he said we should punish him so we filed DV,498a,Cheating and many cases against him.Initially the lawyer said its simple and he will come to India and fall on my feet but now my lawyer is saying that he is not an NRI and got a Australian citizenship so it is impossible for him to do anything.He was saying that we can get him extradited for which he asks a lot of money from us.Now talking to another lawyer he said its impossible for us to do anything against him and our lawyer is only making money out of us and we cannot do anything.

Please let me know is there any possibilities exist to get him extradited ?



Learning

 20 Replies

Advocate Deepak Gupta (Lawyer)     14 June 2013

Is 498A , 420 case registered against him .  what about your husband parents residence and nationality . Citizenship concept in Indian Constitution is very wide .

Ranee....... (NA)     14 June 2013

he he..nice joke sweety!
1 Like

Sudha (None)     14 June 2013

Thank you Advocate Deepak Gupta for your response.Yes 498a,420 filed against him but being a foreign national the lawyer says its of no use.What it has to do with his parents ? Yes they are Indians and his elder brother who lives in India is also Indians. My question is if something can be done against him or its only waste of money and time? Ranee what you find so funny in this ?

stanley (Freedom)     14 June 2013

You can take a horse to the water but you cant make it drink   All you can do is seek Divorce and Re-marry . Filing false cases  is like just running around courts with no out come and spending your hard earned money and time for which you would repent later on in life . 

1 Like

Advocate Deepak Gupta (Lawyer)     14 June 2013

Is there any summons issued against him through Embassy . No need to pay any amount for false extradition statement  . 

Sudha (None)     14 June 2013

The lawyer said that it is difficult to issue any summons as he is now a foreign national and the embassy of his country will not accept the case because we never lived together and also the marriage is not registered.Also he says its easy to file DV in India but to issue summon on DV via embassy without a living domestic relationship its also impossible.

Sudha (None)     14 June 2013

Advocate Deepak Gupta what you mean by No need to pay any amount for false extradition statement ? Could you please advice me what should i do now ? Is there any way i can punish him ?

Advocate Deepak Gupta (Lawyer)     14 June 2013

Court never involve in extradition matter , its matter of state. I think your case is not registered in court . Its seems that only complaint filed in court . your lawyer confusing you .  Court issue summon only after registration of case . Is there any statment recorded by you in court .

Anjuru Chandra Sekhar (Advocate )     14 June 2013

Get his passport impounded. You can also move an application before court to declare him a proclaimed offender. 

Anjuru Chandra Sekhar (Advocate )     14 June 2013

So many cases are unnecessary.  They advise you to file so many cases because on each case they can get fees from you.  They carry formatted "copy paste" petitions and they change names and few paragraphs here and there and file it courts and judges hate to look into the same content time and again.  They do not even look into those petitions once.  They only hear they do not read. So many cases are a waste of time for courts.  It is lawyers who burden courts like this with multiple proceedings in order to make money. 

Anjuru Chandra Sekhar (Advocate )     14 June 2013

Never ask a lawyer what you ought to do.  Gain some knowledge interacting in forums like these, reading the content here and "tell him what you want him to do."  Main kyaa karnaa bolke kabhi nahi poochnaa lawyer se.  Aap unse kyaa karvaanaa chaahiye vohi unko bolnaa.


(Guest)

What can you do to him?Nothing

It is extremely difficcult to extradite even an Indian citizen.It is not possible to extradite an Australian itizen,especially on charges which are not even an offence in those countries.

Advocate Deepak Gupta (Lawyer)     14 June 2013

Both Indian government provide dual citizenship and Australian government provide dual nationality to their citizens . Bilateral extradition agreement already exist between India and Australia since 2011 . So extradition is possible. You may also go through Extraditon ( India)Regulation 2010 Act , it may sort out your problem .


(Guest)

Even if extradition agreement is in place,it`s unlikely to be of use in this case as no offence is made out under Australian law.Not only has the offence have to be serious but substantial proofs need to exist to convince an Austrlalian court that a serious offence has been commited.The lady has indicated no serious offence apart from desertion.This is normal behaviour in most parts of the world.


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