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****Ammu**** (student)     13 November 2013

How to arrest nri(husband cheated wife)?

Hi All, Please give me your valuable suggestions.

I got marriage on Dec 2009 to an NRI as per Hindu marriage act with huge dowry and completely done as per the Hindu Religious rites and customs prevailed in the community.
My husband go to night clubs and have illegal contacts with his colleague. When I questioned him, he used to beat deliberately and said he married only for sake of dowry and servant only. Even his parents also supports him and they also joined with him in beat me. After expiration of my VISA he brought me to India on Oct 2011. Without stamping on my VISA he left India on Feb 2012. Before leaving India he said within 6months I will come and take you back but he did not come and on top of that he avoided my calls.

I waited for more than 1year. Then I gave complaint on May 2013 in the P.S. They did not registered. Then I gave private complaint through court then they registered under 498A,420,506IPC and sec. 3& 4 DP Act. Also I filed DVC and MC. Except A1 remaining all got AB. A1 still in America.

Also I came to know recently he sold away 2 properties on Jan 2013 by giving GPA to his father in which one bought with my dowry amount.

How to bring my husband(A1) to India and get justice to me?

Look out circular given by SP sir to CID office. Will that be sufficient for Police officers to enter into USA and arrest him?
 



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 11 Replies

498_final stage (Professional)     13 November 2013

Though I feel sorry for you. But so far I know 498a is an offence when someone beat you for dowry. Also if you are accepting you gave him dowry before marriage then you are equally responsible for the situation you are facing. Giving and Taking dowry is a crime. So if you are accepting you gave him dowry before marriage then court would take action against you.

498a is for torturing for dowry. Now all the incidents took place in US then the case is outside jurisdiction. If the torture/violence has happened in India, then I am sure you would have medicals with you which proves you were beaten badly and tortured for dowry. If you have that then you can certainly ask for his arrest. 

420 seems valid for this case. But you should have solid proofs.

Experts can validate what I have just shared here.

****Ammu**** (student)     13 November 2013

Hi Thanks for reverting. I think in India no guys will get marry for free. Especially in our tradition no one will marry for free and ofcourse girls will see how much settled (salary etc.,.)  they are? because we think that it seems life will be beautiful with that guy. We never come across these problems before marriage right?

And I am sure no will beat infront of someone for additional dowry. But in my case in India my parent-in-laws and their relatives beat and put in a store room and locked. Because of those severe and worst conditions my mom got heart stroke. Me & my family faced that mental agony.

But anyways can one please advice me for my below questions.

How to bring my husband(A1) to India and get justice to me?

Look out circular given by SP sir to CID office. Will that be sufficient for Police officers to enter into USA and arrest him?
 Thanks in Advance.

498_final stage (Professional)     14 November 2013

Ammu

Hi Thanks for reverting. I think in India no guys will get marry for free. Especially in our tradition no one will marry for free and ofcourse girls will see how much settled (salary etc.,.

This is certainly a false statement. Though it does reflect your thinking. I am sorry to hear about your mother, hope she is fine now. If your case has strength then court would bring him back you dont have to worry about it. Also untill he is not legally divorced from you he cant get married again as per the hindu laws.

Holding them responsible for heart attack of your mother is impossible. 

Sudhir Kumar, Advocate (Advocate)     16 November 2013

you said "Hi Thanks for reverting. I think in India no guys will get marry for free. " despite my support for dowry victims. I feel comment is unjustified and objectionable.

****Ammu**** (student)     16 November 2013

yes sir, I feel most of the times my comment is true but very few exceptions like love marriages etc.,.

Sudhir Kumar, Advocate (Advocate)     25 September 2015

you asked " Will that be sufficient for Police officers to enter into USA and arrest him?" Indian Police cannot enter any country to catch a criminal (except in Punjabi movies)

498_final stage (Professional)     25 September 2015

Or you join Talibaan as you are moving into that direction.... lol

advocatepassy@gmail.com 971794 (Advocate)     25 September 2015

Look out circulars are tools to nab a person when he tries to re enter India. Our Police cannot enter USA to arrest him.  You file a case against him if he holds Indian passport, implicating others who are on Bail.  When court orders him to come and face the proceeding, than summons can be executed through Indian Embassy or Consulates in that area.  But. Practically nothing much can be done, if he hold American passport, except writing to USA Embassy. 

Sudhir Kumar, Advocate (Advocate)     26 September 2015

Embassy is not merely Visa issue agency.

Sudhir Kumar, Advocate (Advocate)     26 September 2015

Originally posted by : Raj123
i completely agree with sudhir.

all exceptional stuff happens in telegu and punjabi movies.

if you need any more advice, better consult with rajni kanth. he might bring NRI before he light up his cig

Thanks for supporting me. But I canoot agree to the insulting remarks given to Mr Passy.

Sudhir Kumar, Advocate (Advocate)     26 September 2015

for better guidance kindly visit thread https://www.lawyersclubindia.com/forum/details.asp?mod_id=86007&offset=2#.VgX56G6N7ww

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