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498adv   04 February 2016

Nri canadian citizen, wife filed 498a and dv

My Nephew, Canadian citizen, Married in India to Indian Girl (Dec 2014 )

according to Hindu marriage and marriage was registered with

local registry Ahmedabad , Gujarat

My Nephew Left India for Canada   Feb 2015

My Nephew filed (applied) Immigration sponsorship application

for spouse to bring her to Canada 2015

My Nephew withdrew Immigration sponsorship application for

spouse –due to unhealthy relationship

 

Girl filed Police Case for Domestic Violence and Dowry, other

charges, against My Nephew’s entire family in Canada & Uncle’s

entire family in India. I nformation sent at Nephew’s Uncle’s place

in India, my  Nephew’s family in Canada  have not received

anything.

 

 

Should My Nephew Accept notice if sent out to him & his family in CANADA?

If yes, what will be next course of action?

If no, what will be next course of action?

 

how does court or police send notice to him and his family in Canada? Via police or Canadian embassy?

 

 

If my Nephew’s family responds to  notice /court proceeding in India, do they

need to be PHYSICALLY present in INDIA anytime during court proceedings?

 

If they DON’t respond to court proceeding in India, what will be the outcome?

 

 Should my Nephew file divorce in India?

  Should my Nephew file divorce in Canada?

  Which one is better option and why?

  Can my My Nephew get one sided divorce in India?

  Can my My Nephew get one sided divorce in Canada? If yes,

  How? Can he remarry in India? Can he remarry in Canada?

  Can my Nephew get remarry in Canada without divorce?

-  Can GIRL get one sided divorce in India?

-  If yes, How? What is the process? How come my nephew will come to

know about her filing one sided divorce in India?

-  Can my Nephew challenge one sided divorce, him being in Canada? If yes,

How and what is involved?

-  Can she remarry in India? If she remarries, will all the cases filed by her

get automatically dropped?

-

How can you assist?   In Canada?  In India?

List of Documentation needed for legal proceedings

 

Thanks in advance to everyone ...!!



Learning

 16 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     04 February 2016

Sir,

 

I feel that when the parties have not stayed togather in Canada even for a single day, how can she have jurisdiction to file a complaint against the boy in Canada.

 

Second thing is so far India is concerned, what are the allegations made would be relevant to answer any query. 

 

Warm Regards

Kapil Chandna Advocate

9899011450

Anand   04 February 2016

Sir, more information is required in-order for us to help you fully. The notice that you have received, is it for domestic violence or 498A? Both are different cases. Has the notice been sent from the court, police station or women's cell or any other authority?

498adv   05 February 2016

Thanks for your support.

Girl filed Police Case in INDIA 

, not in Canada for Domestic Violence and Dowry, other

charges, against My Nephew’s entire family in Canada.

Vijay Raj Mahajan (Advocate)     05 February 2016

This fellow is a Canadian citizen who is domiciled in Canada not India, so the first thing the Hindu Marriage Act, 1955 shall not apply on him under section 1 (2) of the Hindu Marriage Act, 1955.

Secondly the criminal complaint under the DV Act and FIR u/s 498A, 406, DP Act etc. for cruelty and dowry demand will go not go ahead in Indian court unless the accused that are almost all Canadian living in Canada are served with notice and produce themselves in Indian court or before Indian authorities in India. If they fail to do it what maximum the court can do is to publish a written proclamation u/s 82 of the Cr.P.C against them to appear in the court that publication takes place in Indian newspaper and after that if no other local accused against who charges framed close the file to be consigned to record.

Another step the court or the police authorities can do is to issue look out circular against the accused living outside India and when any of them enters Indian territories through international airport/sea port they are taken in custody by security and handed over to police of the district where the FIR was registered. The LOC is valid for one year and can be further extended too for another year. After the LOC validity expires these accused cannot be taken in custody by security staff as no record continues in their system at the international airport/sea port.

As far getting the accused taken is custody with help of Interpol by issue of red corner notice is concerned that is not so easy as the red corner notice is against most wanted offended usually involved in international terrorist activities not the people involved in matrimonial offences.

So what these guys do, take annulment of marriage in Canada if they so desire and avoid coming to India for next two to three years.

498adv   05 February 2016

Thanks Vijay Raj Mahajan for detailed answer.

Sir, my nephew and his  family being canadian citizen,  living in Canada how Indian court /police server notice / produce themselves in Indian court? is there any standard set of procedures to be followed? Can some individual person show up in Canada or Canadian police show up to server the notice ? Please advise

srk (Service)     11 February 2016

Canadian Police can intervene if only similar kind of law exists in Canada and is deemed criminal. Indian Court might server you the notice via mail. obviously NBW will be issue if they attend the court and later LOC, as your nephew and his family are canadian Citizens, there is no issue with passport impound, extradition is almost impossible.

Mr. V R Mahajan Thanks a lot for your explaning the validity of the LOC, i was under the impression that LOC once issued is valid until it was requested to be reverted. Found few more details of LOC, hope this will help few who think they cant go back to India once a LOC is issued.

LOOK OUT CIRCULARS (LOC)
The Look Out Circulars are opened to trace the absconding criminals and also to prevent
and monitor effectively the entry or exit of persons who may be required by law enforcement
authorities.
1. The basic substantive guidelines regarding the publication of the LOCs in relation to Indian citizens issued by the MHA enunciate the following four cardinal principles:
2. The request for opening of LOC is required to be made to all immigration Checkposts in the country in the Official Format prescribed by the MHA.
3. The request for opening of LOC must invariably be issued with the approval of an Officer not below the rank of Deputy Secretary to the Government of India/Joint Secretary in the State Government/ Superintendent of Police concerned at the district level.
4. The originating agency must ensure that complete identifying personal particulars of the person, in respect of whom the LOC is to be opened, are clearly mentioned in the prescribed proforma. The LOC will not be opened for less than three identity parameters other than name of the subject.
5. An LOC is valid for a period of one year. However, in case the originating agency wants to extend the validity beyond one year it can ask for the extension before the expiry of the one year period. If no request is made for the extension of the LOC within the stipulated period of one year, the Immigration Officer concerned is authorized to suspend the LOC.

ref: https://cbi.gov.in/aboutus/manuals/Chapter_25.pdf

srk (Service)     11 February 2016

 obviously NBW will be issue if they dont attend the court dates and later LOC

SOLOMON.RAJ (advocate/director)     26 February 2016

Go by what Vijay raj says, and also seek an anticipatory bail in the criminal matters filed in India by her so that even though your nephew and his famiy  come to india the airport police or the local police cannot arrest them.

But on the event of coming to India the prosecution may seek the seizure of pass ports of all the accused .

 

SOLOMON RAJ

Advocate, High Courts of Andhra Pradesh & Telangana

BHARAT GAURAV SAMMAN AWARDEE.

National vice president , All India Christian's Council,

Indian Ombudsman , Unashamedly Ethical,

National Joint Secretary, Christian Legal Association,

Ph:9866545086,

email:justiceleague367@yahoo.com

Sudhir Kumar, Advocate (Advocate)     28 February 2016

do something for peaceful settlement of issue.  Case doe snto appear to be boyond repair

MANISH KUMAR GUPTA   28 February 2016

First thing is that You should engage a lawyer in India as well as in Canada also.You can file divorce in India as well as in Canada. You people should not come India in any circumstances.In this case only Higher Judiciary help you out.

Any further suggestions or queries please mail me at 498alawyers@gmail.com  and visit my Web Site: www.498alawyers.com

MANISH KUMAR GUPTA   28 February 2016

You shuold engage a lawyer in India as well as in Canada.Only Higher Indian Judiciary will help you out from this case. 

Any further suggestions or queries please mail me at 498alawyers@gmail.com  and visit my Web Site: www.498alawyers.com

498adv   03 November 2016

Recently, my nephew's uncle informed that Proclamation under Section 82 issued by Indian court for my nephew's entire family. Entire family is Canadian citizens and reside at Canada. As of today, My nephew's family �never ever received or served �any documents in Canada.� As mentioned earlier, �my nephew's entire family and his uncle's family(they are in India ) �has been falsely charged for DV and 498a etc. His uncle has hired a lawyer in India and cooperating in court proceedings. Now, �will you please provide your expert comments on 1. My nephew's Father and his uncle (who has been also accessed in 498a false case) has a joint house / property in India. Can court order attachment on this property as my nephew's family has been issued proclamation under 82 sections by court? They are not willing to go to India as well to avoid unnecessary harassment by authority.� (uncle's lawyer has said it is not possible )� 2.Can court order to provide living accommodation in above said joint house, �for �the girl?� 3.what should they do to protect their property from any future claim by girl or any order from court? � Divorce matter is not initiated by any party.� Thanks a lot in advance...!�

498adv   03 November 2016

Recently, my nephew's uncle informed that Proclamation under Section 82 issued by Indian court for my nephew's entire family. Entire family is Canadian citizens and reside at Canada. As of today, My nephew's family never ever received or served any documents in Canada.As mentioned earlier, my nephew's entire family and his uncle's family(they are in India ) has been falsely charged for DV and 498a etc. His uncle has hired a lawyer in India and cooperating in court proceedings. Now, will you please provide your expert comments on 1. My nephew's Father and his uncle (who has been also accessed in 498a false case) has a joint house / property in India. Can court order attachment on this property as my nephew's family has been issued proclamation under 82 sections by court? They are not willing to go to India as well to avoid unnecessary harassment by authority.(uncle's lawyer has said it is not possible ) 2.Can court order to provide living accommodation in above said joint house, for the girl? 3.what should they do to protect their property from any future claim by girl or any order from court? Divorce matter is not initiated by any party. Thanks a lot in advance...

Sudhir Kumar, Advocate (Advocate)     05 November 2016

Originally posted by : 498adv
Recently, my nephew's uncle informed that Proclamation under Section 82 issued by Indian court for my nephew's entire family. Entire family is Canadian citizens and reside at Canada. As of today, My nephew's family never ever received or served any documents in Canada.As mentioned earlier, my nephew's entire family and his uncle's family(they are in India ) has been falsely charged for DV and 498a etc. His uncle has hired a lawyer in India and cooperating in court proceedings. Now, will you please provide your expert comments on
1. My nephew's Father and his uncle (who has been also accessed in 498a false case) has a joint house / property in India. Can court order attachment on this property as my nephew's family has been issued proclamation under 82 sections by court? They are not willing to go to India as well to avoid unnecessary harassment by authority.(uncle's lawyer has said it is not possible )

2.Can court order to provide living accommodation in above said joint house, for the girl?

3.what should they do to protect their property from any future claim by girl or any order from court? Divorce matter is not initiated by any party.

Thanks a lot in advance...

again.

 

try peaceful settlement.


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