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shunmuga priya   02 March 2020

Submitting nob bailable arrest warrent.

The Non Bailable Arrest Warrent has been issued against my husband on 125 Cr.CPC by the chennai family court. My husband is living in USA and he is an US citizen now.

I  know that  the warrent must be executed via MEA  and I know the procedure to submit the request(affidavit) to MEA. Here, I would like to know that the family court judge able to submit the request to MEA.

Please advice me.

 

Regards.



Learning

 6 Replies

Real Soul.... (LEGAL)     02 March 2020

It is not an easy thing to extradite an indian based US citezen, though you have NBW but how to execute and who will take pains to execute the warrants as is  near impossible job.

Just we ave examples of Nirva Modi And Vijay Malliya ,even Govt of india are trying their every effeort to bring them to India but so far they failed to do so, so think where is lying your NBW.

It is better to manage some pressure against the other family memebrs of your fugitive husband, push 

For your guiedance please go through below articles/process

 

 https://www.wbja.nic.in/wbja_adm/files/mha_circ_service_process.pdf

https://www.mea.gov.in/extraditionguidelinesabroad.htm

1 Like

Adv Shrikiran.B (Advocate)     02 March 2020

The family court will not submit the request to MEA on your behalf. Its the job of the complainantt to see that the warrant sought is executed. You may need to follow up with the process starting from contacting MEA and thereafter, Indian Embassy in US. Its tedious work but not impossible.

Shashi Dhara   02 March 2020

Try to serve it thru Indian Embassy to serve nbw with the help of external affairs minister of central govt.

shunmuga priya   02 March 2020

Sir, 

The MEA has already sent me the procedures and the guideline. With respect to the steps provided by them, I  had a clarification with the above matter.

Real Soul.... (LEGAL)     02 March 2020

Dear the family may not help you in that ; the court won't forward the warrant to MEA. 

I remamaber one of the cases where i tried every damn' thing to get warrant executed but all in vain, i had to wait for the accused to land in India for arrest. It is ometimes too difficult to get warrants exected from one state to not to speak of differant country that too where the Accused is Citizen of US. Just if his family memebrs are in India you can prevail upon them by any measn to prssurise the deal of mainatenanace.


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