• How a foreign decree works in India and how Indian law deals with DV from other country

My wife filled criminal charges on me and my family in India under 506/323/406/34/498a we both are living aboard I am citizen of New Zealand, and she is citizen of India marriage under Hindu M act The allegation she made in India has been already dealt by New Zealand court. I have received call from NRI police station, and I told them most of the allegations have been dealt by Nz family court with a judgement and I have been told to submit your Judgement, statement with evidence.  My Nz lawyer is asking for how an Indian authority can deal with family violence allegations that were made in NZ? To get that judgement release I need to give appropriate reply to them. Can you explain the below question in detail

Question: My NZ lawyer is asking for how an Indian authority can deal with family violence allegations that were made in NZ?
Asked 9 days ago in Family Law
Religion: Hindu

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10 Answers

the marriage has been solemnised in india under Hindu marriage act 

 

2) in order to confer jurisdiction to Indian courts your wife must have taken the plea that some acts of dowry harassment, criminal breach of trust , criminal intimidation have occurred in india 

 

3) it is necessary to peruse FIR  filed by your wife to advice further 

 

 

Ajay Sethi
Advocate, Mumbai
88369 Answers
6226 Consultations

5.0 on 5.0

The case has been filed in India. 

If the Indian court has to dispose the case filed before it,  then it may have to consider the facts of the case,  jurisdiction and all other relevant matters involved with the case. 

You can defend your interests in the case by producing the documentary evidences supporting your defense and arguments properly and can substantiate your assertion that the case do not fall within the jurisdiction of the Indian court and get the case dismissed instead of complicating the issue by misinterpreting the law. 

The NZ lawyer may not understand the background of the case filed in India hence you may consult a local lawyer in India and convey the information to NZ lawyer accordingly. 

T Kalaiselvan
Advocate, Vellore
78529 Answers
1554 Consultations

5.0 on 5.0

A foreigner committing offence against Indian citizen is not amenable to the  jurisdiction of Indian court. Though the  allegations are made under Indian Penal Code in India, you cannot be tried by Indian Courts. Further, your offence is decided by NZ Court which  has jurisdiction to do so. You are also protected by the  principle laid down in Indian Constitution to the  effect a no person  can be tried twice for the  same offence. Explain this to your lawyer.

Ravi Shinde
Advocate, Hyderabad
2816 Answers
42 Consultations

5.0 on 5.0

Foreign decree is admissible in indian court if same is validated in India 

The same will be admissible if there is evidence of thee DV on record

Prashant Nayak
Advocate, Mumbai
27579 Answers
88 Consultations

4.4 on 5.0

The marriage took place in India and whatsoever period you married couple had stayed in India. According to that the DV charges has been raised in Indian court and not on NZ stay based.

 

So kindly check Petition filed by her in the court. You must have received as summons.

 

Ganesh Kadam
Advocate, Pune
12406 Answers
191 Consultations

4.9 on 5.0

Dear Client,

No marriage between an NRI and an Indian woman which has taken place in India, may be annulled by a foreign court.

Provision may be made for adequate alimony to the wife in the property of the husband both in India and abroad.

The decree granted by Indian courts may be made executable in foreign courts both on the principle of comity and by entering into reciprocal agreements like section 44A of the civil procedure code which makes a foreign decree executable as it would have been a decree passed by the court.

Section 498A deals with Husband or relative of husband of a woman subjecting her to cruelty: and is punishable with imprisonment for a term which may extend to three years and shall also be liable to fine.

Indian Courts also have the authority to partially recognize and enforce a foreign judgment.

 

Thank You.

 

Anik Miu
Advocate, Bangalore
5001 Answers
53 Consultations

4.9 on 5.0

If the NZ court has already passed an order on the complaint given by her there for the incidence of the same date, then that order copy containing the said details should be sufficient for you to produce before NRI police'in India.

 

T Kalaiselvan
Advocate, Vellore
78529 Answers
1554 Consultations

5.0 on 5.0

If alleged domestic violence incidents have occurred in New Zealand then Indian courts would have no jurisdiction 

 

you should in your application to court mention that inspite of decree passed by NZ court dismissing wife claim of alleged domestic violence your wife In order to harass you has made identical allegations and filed case in Indian courts 

 

you need to provide-copy of judgment to police to prove your innocence 

Ajay Sethi
Advocate, Mumbai
88369 Answers
6226 Consultations

5.0 on 5.0

Dear Client,

The decree granted by Indian courts may be made executable in foreign courts both on the principle of comity and by entering into reciprocal agreements like section 44A of the civil procedure code which makes a foreign decree executable as it would have been a decree passed by the court.

Before passing any order, Magistrate is to take into consideration any report regarding incident of domestic violence submitted by Protection Officer or the service provider. Protection Officer or the Service provider may submit report about domestic violence on the basis of information or complaint received by them or such incident having taken place in their presence or when such an incident is reported to them.

 

Thank You.

 

Anik Miu
Advocate, Bangalore
5001 Answers
53 Consultations

4.9 on 5.0

That are extra judicial allegations need to be proved in India but can be opposed on jurisdiction basis

Prashant Nayak
Advocate, Mumbai
27579 Answers
88 Consultations

4.4 on 5.0

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