Take pre arrest bail and respond to notice through lawyer.
G.Rajaganapathy
High Court of Madras
498a harassment
I have been married since 2007 and living overseas. Separated from my wife on 2016 and asked for a divorce. My wife returned to India since 2016 and has been contesting the divorce. In mid 2019 she filed 498a/406/DV etc on me and my mother and some other family members. I have not been officially served since nobody knows my address. I only know about it because others who have been served have notified me. I do not intend to go back to India to face harassment since I will be stuck there for sure. My wife has strong police and political connections (family members in police, etc) - I have foreign nationality - I do not have any property in India - My parents are not in India but have property there. My parents are Indian nationals. I have 2 questions 1) I have near and distant relatives in India who are repeatedly being asked to go down to the local police stations and being asked about my whereabouts and they keep repeating the same answer every single time - that they do not know anything. Which they really do not. Is there any way to mitigate this? 2) What risks do I have if I do not ever respond to summons (if they managed to eventually deliver it to me)
Asked 5 years ago in Family Law
Religion: Hindu
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
9 Answers
To make it clear. I have no need or interest to ever go back to India. I want to know - how to mitigate this harassment - "relatives repeatedly being asked to go down to the local police stations and being asked about my whereabouts"
Asked 5 years ago
Your parents can sell property in India
2) your wife can file DV case and seek right to stay in property standing in your parents name
3) if your relatives are being harassed they can complain to commissioner of police against police harassment
4) file writ petition in HC and seek court orders restraining police from harassing them
Act as mentioned herein above
Dear sir,
To avoid further harassment form the police, your relatives and you have the option of filing a writ petition to get restraining order from court so that the police cannot further harass any of your relatives. As you don't intend to come to India any time, your relatives can file the writ petition in the High court.
If you receive summons, you will have a specific amount of time to reply to the summons. If you don’t reply, the other party may be given a default judgment, meaning that you have given up the right to contest the issue. So if your wife has mad allegations under specific offences such as domestic violence, and you do not respond to the summons, it might be presumed that your guilty. You can, however, apply for an anticipatory bail and send legal notices citing sound reasons through your lawyer.
Ideally, if you have an Indian Passport and are not attending the criminal proceedings in India, your passport can be impounded by the wife whenever she makes an application to the passport authority. The Indian consulate at your country can then take the required action to impound your passport. This step is taken by the courts because no person can use the defense that just because he lives abroad, he should be exempted from criminal liability. Failure to obey the summons made by court also leaves a black mark on your conduct and this could lead to your wife winning the case Thank you
- Your relative can make a complaint to Human Rights Commission for direction to police not to harass them. If that do not work, they can file writ in High Court for relief against police not to contact them. they will certainly get relief.
- If notice is served on you there is extradition treaty between many and extradition proceeding may be initiated against you followed by red corner notice through interpole.
1. Legally , the police having no power to harass the distant relative , and such act of police are against the law.
- They can lodge a compliant before the police and higher official for the offence of harassing malafidely.
- Further, if their name is in the FIR under section 498a etc, then they will get anticipatory bail from the session court.
2. if you will not respond to summons , then court having power to issue look out notice against you, and service through the consulate of India based in that country where you are residing.
1. Your relatives can file writ petition to stop this Police harassment.
2. LOC may be issued against you thereby making you at risk to be arrested at the port of entry while coming to India.
If you have severed all relations with your motherland for good then forget the consequences arising out of this case.
1. Your relatives can approach high court with a petition under section 482 cr.p.c. seeking direction to the concerned police to not to harass them in this regard in future.
This will enable them to overcome the present problem.
2. You being a foreign national, they cannot extradite you for this reason.
This is not a heinous crime hence the police also after one stage may not show any interest in this false complaint,.
In fact the police also knows that this is a false complaint given intentionally to harass and trouble you, hence they may, at one point of time, not show any interest nor they will be able to pursue the matter if they are not able to make any progress in this.
Since your relatives has been harassed by the police repeatedly, now it is their turn to take action against the police for their unnecessary harassment.
They may approach high court seeking direction to concerned police to not to harass them in future in this regard.