• Visiting India while FIR is lodged

Hi There,

I live in Australia as a Citizen. I filed for divorce in Australia as my wife stayed with me permanently here with me. She signed papers and divorce certificate has been issued.Officially we are divorced. Now she went to India after that, filed dowry and mental harassment cases in India even though we are divorced now. She now lives in Australia.The FIR is lodged against myself and my parents without any inquiry. Charge sheet has not been written or filed yet. I would like to go to India for religious ceremony. I would also like my parents to complain about this as false case, as after reading the statement, I figured out that I have all evidences that proves the case false.
1. Can they file any complain about this as a false case as divorce has already been finalised. 
2. Can I have any issues at airport or while visiting India? 
Any genuine response will be highly appreciated.
Asked 7 years ago in Family Law
Religion: Hindu

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

8 Answers

1. Well foreign decree of divorce is not valid in India under many circumstances. However since in this case it was mutual divorce it would be binding upon her in India. So you can challenge this case in India bu filing quashing petition in high court.

2. Since quashing petition takes some time , you should first take anticipatory bail which under the present context would be allowed easily. Once you get the bail there would be no hindrance in travelling to and from India. If there is LOC issued agaisnt you then without getting bail first you may be arrested from airport itself.

If you want my further assistance for getting bail, you may feel free to contact me.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

1)appy for and obtain AB in india

2) you should then file for quashing FIR in HC if allegations made in FIr do not disclose commisison of any cognizable offence

3)if as on date no look out notice is issued you should not face any problems while travelling to india

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1. If the FIR has been lodged in India then apply for and obtain anticipatory bail before landing in India to preempt your arrest and detention while you are within the territory of India. You may be detained at the airport if the complainant is pro-active, so obtain AB.

2. After obtaining anticipatory bail you may move the High Court for FIR quashing as the case seems to be an abuse of the process of law,.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. You have to apply anticipatory bail before the Session Court and after obtaining Anticipatory Bail then you can come to India.

2. After getting Anticipatory Bail then you have to move to High Court under section 482 of Cr.P.C for quashing the FIR.

Pradeep Bharathipura
Advocate, Bangalore
5607 Answers
336 Consultations

4.5 on 5.0

1. Are you both Australian citizen?Did you marry in India as per Indian Act and/or after following Hindu customs and rites? If you both are Indian citizen and had married in India then your said divorce decree passed by Australian court is not valid in India till you get the said decree validated in India by filing an application before the District Judge.In the above case, it would have been appropriate for you to avail mutual consent divorce decree in India. However, first of all you and other accused shall have to avail anticipatory bail now if it has not yet been availed and then contest the case fittingly. After the said case is dismissed on contest, you and the other accused can lodge/file a criminal complaint/case against her u/s211 of IPC for lodging false complaint against you. After the charge sheet is filed, you can pickup loopholes in the said charge sheet file a petition before the High Court u/s 482 of Cr.P.C. for quashing the FIR.

2. Since there has been no arrest warrant issued against you, there is hardly any chance that you shall be arrested at the Airport in India. However, keep your date of arrival confidential and as soon as you arive, arrange to avail AB from the Court if you have not yet availed.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. A complaint in this regard especially after divorce and that too when the incidences are reported to have taken place in a different country, are not maintainable.

You and your parents can file a petition under section 482 cr.p.c. for quashing the FIR.

The police will do anything for the sake of money or kind received.

2. If there is no look out circular then you may not have any issues in airport, however you may ask your lawyer in India to apply for AB before your arrival and also keep your arrival details secret until you arrive here.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

1) court may grant you stay till your quashing pewrtition is heard

2) if you have strong primafacie case on merits you should go in for quashing .

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1. Find loopholes in the said charge sheet which can be challenged with irrefutable evidence. If you can prove that the charge sheet is unfounded along with the complaint, you are expected to get an order quashing the said FIR.

2. If you are confident that you have irrefutable evidence to prove that the charge sheet filed is unfounded and the complaint is false, then go for filing the quash petition.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer