• Dowry case

Hi can you please let me know I have oppotunity to go abroad and my wife threathens to file a false dowry case and domestic violence case against me. If I go abroad and refuse to come back when the Indian court calls me what can happen ? Can I be extradiated to India or after multiple calls can the court issue a non bailable arrest warrant against me ?
I am aware that dowry case is not recognized outside India and domestic violence needs to be proved by medical reports. She can send notice to my Indian company and call me back but what if I change the company and don't come back. Can she send notice to embassy and still call me back ?

Can my wife get my passport impounded under these false allegations ?
Asked 4 years ago in Criminal Law
Religion: Hindu

2 answers received in 30 minutes.

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16 Answers

Once you left over to USA or any other country, it's very risk to bring back you. Once you appeared, your passport will be impounded. do justice to ur wife and avoid complications.

Konda Srinivas
Advocate, Hyderabad
211 Answers
2 Consultations

Not rated

1. Do not worry as 498A cases have lost much of their earlier nuisance value. So even if it is filed you can afford to stay in abroad till charge sheet is submitted. Once it is submitted then appear before court on surrender and take bail.

2. Notice sent to your company will cause no impact on your job.

3. In such cases impounding of passport is a very rare occasion and an unlikely event. So ignore this issue.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Please keep the recordings of your wife threatening you and before you leave to abroad file a petition for divorce under.section 13(1)(ia) under Hindu marriage act for cruelty. Secondly even if she.files police will refer matter.first to a committee after that only FIR will be sent to court. And in such cases court would not go to extent of extradition as it's a.long process. Only NBW will be issued against.You.

You need to take anticipatory bail in case she.lodge a false complaint. And also file for quashing of FIR under 482 Crpc.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

If you fail to cooperate with investigations LOC can be issued against you

2) your wife can apply to RPO to impounded your passport

3) best option is to divorce your wife by mutual consent and then go abroad

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

First of all you should understand that if if you do a crime in India or abroad you may be tried in India and courts if necessary may call you to appear before it.

Now in case of Dowry provisions and domestic voilance cases if not called by the you may represent your self by POA to your father.

If there is need of arrest you have to appear or get stay on or quashing of FIR from the High Court under section 482 of CrPC.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1) If you don’t attend court NBW can be issued against you

2) Further LOC woukd be issued against you and you can be arrested on arrival

3) you can apply for bail

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

1. On summons from the Indian court you are bound to honour it and appear, failing which the court will issue warrants which can be executed outside India too. The court will firstly issue a bailable warrant and then on the next hearing issue a NBW. To get NBW cancelled you will have to appear personally before the court.

2. If you dishonour the summons from the courts in India the passport can unquestionably be impounded by the Indian Embassy in the country where you reside.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Yes. You can apply for cancellation of warrant or bail whenever you face hurdles with police

Konda Srinivas
Advocate, Hyderabad
211 Answers
2 Consultations

Not rated

Your question: If I go abroad and refuse to come back when the Indian court calls me what can happen ? Can I be extradiated to India or after multiple calls can the court issue a non bailable arrest warrant against me ?

Answer: If there is a prima facie of dowry made against you then you will have to appear in India court;

Your question: She can send notice to my Indian company and call me back but what if I change the company and don't come back. Can she send notice to embassy and still call me back ?

Answer: Yes there is a 35% chance you will be called back;

Your question: Can my wife get my passport impounded under these false allegations ?

Answer: There is always a possibility it could happen;

This is my response to you:

1. If you expect a dowry case to filed against you engage services of a lawyer and get an anticipatory bail;

2. Once you get anticipatory bail and then the lawyer can handle rest of your cases in the court;

3. So only once when you return you will be asked to be present in the court;

4. Make sure you also file an anticipatory bail application for your family members, otherwise they are also victims in the dowry case;

5. If you have good reasons to believe that the dowry case will have no merits then you need not worry at all.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Yes court will issue nbw against you. So firstly take anticipatory bail then file application under 205 for permanent exemption. If that application is allowed court will never issue warrant against you. If nbw is issue you can be arrested immediately once you land in India

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

You would be extradited from a foreign country, just because your wife has filed 498a case against you as extradition is a complex legal procedure and is done under very extraordinary circumstances.

In your case, Look Out Circular(LOC) and Non Bailable warrants would be ussued, if you fail to appear before the court after receiving summons for the same.

Passports are not generally impounded in 498a cases, as per recent Supreme Court judgment.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

TPlease also advise if I do not come back from abroad and do not respond to the court legal notice. Can the court issue non ballable warrant against me ? In that case when I come to India I will get arrested ? And can I apply for bail after that ?

A. Yes. Non Bailable Warrants would be issued after you fail to appear before the court, after the issuance of bailable warrants against you and you would be arrested at sight.

Yo can seek regular bail, when you're produced before Court by the police.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

Yes, since case has started you can avoid courts proceeding. You will have to subject yourself to the jurisdiction of court and take bail.

If you do not that LOC would be issued against you and you can be arrested at any port of entry or exit in India.

Even your passport can be impounded.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Firslty, putting red corner notice to extradite you from the other country to India is not an easy and everdanding task.

Secondly, chances are next to impossible that you may be arrested from that country and bring back to Delhi.

Thirdly, and what you said in your query about DV case are very correct.

Fourhtly, you are safe in other country for sure,but still I would suggest you to record her saying for false allegations as this this may be able to save you in future if required.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Hi can you please let me know I have oppotunity to go abroad and my wife threathens to file a false dowry case and domestic violence case against me. If I go abroad and refuse to come back when the Indian court calls me what can happen ? Can I be extradiated to India or after multiple calls can the court issue a non bailable arrest warrant against me ?

You cannot be extradited from a foreign country on this charge.

Dont worry about this and also do not attend the call or receive the summons from police.

She can send notice to my Indian company and call me back but what if I change the company and don't come back. Can she send notice to embassy and still call me back ?

Neither your company will respond to her calls nor the embassy will entertain her application asking to intervene and send you back to India. No such issues can be maintainable.

Your passport cannot be impounded for any reason.

T Kalaiselvan
Advocate, Vellore
78073 Answers
1543 Consultations

5.0 on 5.0

Please also advise if I do not come back from abroad and do not respond to the court legal notice. Can the court issue non ballable warrant against me ? In that case when I come to India I will get arrested ? And can I apply for bail after that ?

Dont do the mistake of applying for bail even if there is a warrant pending against you.

Because the court may impose condition to deposit the passport in court custody, you may not be able to return to the foreign country till the disposal of the case. Hence better dont come to India, and in case you are visiting then let it be secret and you change the entry to India .

T Kalaiselvan
Advocate, Vellore
78073 Answers
1543 Consultations

5.0 on 5.0

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