False 498a ,506 cases on NRIs with Indian passport

Tilak Marg Forum for Legal Questions Forums Criminal Law False 498a ,506 cases on NRIs with Indian passport

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      (1) If the accused persons do not come to India and continue to stay abroad, of course, they cannot be arrested in India. But, the concerned police authorities may get the passport revoked and deportation or extradition proceedings initiated against them for getting them back to India.

      (2) It may generally be difficult to enforce interim maintenance order in a foreign country, but technically it may be possible.

      (3) Order of maintenance depends on various factors and detailed facts of each case, including employment / earnings of both parties. Hence, cannot comment on individual case.

      (4) The 498A IPC case, after filing of charge sheet, will continue till completion of trial. Subsequently, there may be appeals also. Generally, it takes several years, may be decades also.

      (5) Cannot comment on the facts of an individual case, as to why the giver of dowry is not made accused. You can file a complaint against them if you so like.

      (6) Even if a part of the offence has occurred in a particular city, while other parts of the same case having occurred at other places, the offence can be registered and tried at such place where part offence took place. But, if no part of such offence occurred at that place, then you can apply on the basis of jurisdiction.

      (7) You have to file complaints with police for attacks, if any.

      (8) Generally speaking, it is not possible to expedite trials, due to huge pendency of cases. You may try, if you want, but chances of getting order in this regard are limited.

      Keeping in view a large number of queries you have, you should engage some lawyer to handle your case and take his detailed guidance on the facts of your case.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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