Naveen (Non indian) 02 April 2013

Holding foreign passport and indian marriage law

I was once holding Indian passport and currently holding Foreign Passport.In 2008 i came to India and my uncle organised my wedding giving me a short notice and in spite of everyone including the girl knowing i am against the marriage they held a ceremonial Hindu marriage and i left India after few days.Our marriage is not consumated and we also did not register the marriage.

Now i want to go to India and one of my relatives informed that i will be in trouble if i go there as the girl and her family want to get me arrested or i pay them huge ransom.

How is it possible for someone to get me arrested when i never lived with this girl and we are not husband and wife.Is it possible for Indian police to arrest and get my passport only with few wedding pics and without any marriage register document.Does Indian police have rights to arrest foreign passport holder without informing embassy or external affairs ministry?Before going to India should i inform my embassy and arrange a lawyer ?

I am not holding any OCI or PIO card and only a foreign passport.

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4 Replies

Sanjeev (Lawyer) 02 April 2013

yes you can be arrested if your wife would have registered a FIR u/s 498a that is for cruelty done to wife which is not difficult to file . In such circumstances you will be arrested and bail conditions might not allow you to leave India and your passport will be impounded.

Naveen (Non indian) 02 April 2013

How can the police arrest me as my foreign passport number is not known to anyone and only by name can the Indian police make the arrest ?

Also for arresting a foreign national don't the Indian police need any permission from external affairs in cases such as 498a where the proof of cruelty still does not exist.If this is the situation of India then Indian police can arrest anyone whenever they want only they need is complaint from a woman which needs to be proved later.

Passport is property of a country and how can Indian police impound it without informing the respective embassy.I have heard that in case of Italian marines also the Indian Supreme court first informed the Italian embassy when making an arrest.

The marriage ceremony in Mumbai and girl and family living in Pune and i am living outside India in this case what is the jurisdiction in which the girl and family can file FIR ?

ragz hyder (PM) 02 April 2013

change ur name in your passport thru ur givt...some givts like us allow on getting citizensip....and go on a visa instead of pio....

tushar (Assistant) 03 April 2013

it happens in india.. better u consult ur embsy first n a lawyer acordingly.. indian police hv al d pwers to arrest anyone anywer in india.. u may be innocent but it wil take some time to prove d same