It is not possible as court has directed no coercive action to be taken
you have been granted protection from arrest
Can arrest warrant reach indian embassy even if I am not able to find the case in ecourts
I am an NRI and there is a 498A case going on in India. I applied for AB in High Court and HC has ordered protection of arrest against the 498A launched in the session court. As per the last hearing in session court for 498A, there was no arrest warrant issued and after 1 week I anyway got the order for no coercive against action me from HC. Suddenly, I got to know from someone that there is a warrant for me in the Indian embassy, Is there any logical possibility for this to be true? Could my partner put any other case against me and I might have any knowledge about it? I also regularly check ecourts, I can not find any other case against me.
Asked 3 years ago in Family Law
Religion: Muslim
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
11 Answers
Can there be any other case which I don't have any knowledge of? For worst case scenario, if somehow my partner would have got the warrant in any other case which I am not aware of, what action shall I take now?
Asked 3 years ago
If there is a warrant out for your arrest, it would have been issued by the court in India and it would be visible on the eCourts..
- If the High Court or Session Court granted anticipatory bail , then police cannot arrest you against the said direction.
- However, there is possibility that before getting AB , the notice was served you through Embassy , and till date the official of Embassy is not informed for the same, hence you can send/email the details of the HC Direction to the embassy
- Further, there is no other case except 498A , where warrant can be issued against husband
- She can file DV case but there is no provision to issue warrant and also in 125Crpc.
This is something against known procedure. Unless NBW is issued by trial Court, there is no possibility of any warrant reaching Embassy and there is no rule under which a warrant is directed of Embassy. Accepted procedure is, first there is NBW from Court, than there is LOC from BoI and after that a Red Corner Notice. Your best option is check in trial Court for NBW. If there is no NBW, there cannot further proceedings.
If any warrant has been issued apply to trail court for cancellation of warrant
1. It is difficult to comment on a hearsay statement.
2. Ordinarily Warrant is issued after repeated absence in the Court.
3. Try to find out the fact from Indian Embassy and then act accordingly.
1. First of all you shall have to be sure that Warrant has really been issued against you which has reached the Indian Embassy.
2. Ordinarily warrants are not issued without serving the notice.
3. Once you come to know the fact, you can act accordingly.
You need to find out the same from related courts if the same is not disclosed in website
The Indian embassy will not issue any warrant neither it will entertain any warrant until the government of India, MEA passes an order in this regard, the police has to request the government of India on the basis of warrant issued by court.
In your case high court has already passed an order for no coercive action to be taken against you, hence do not believe the rumours spread by mischief mongers.
It can be construed that somebody is playing a mischief from behind in order to threaten you intentionally .
The warrant is at all is issued it will be issued by court and subsequent to issue of warrant if you are not traceable then the court may recommend for issuing LOC and not by sending any warrant to Indian embassy because there is no provision in law for that.
Dear client,
It is possible that a warrant may have been issued for you in the Indian embassy, but it's also possible that the information you received is incorrect. To confirm the status of any legal proceedings against you, it is recommended that you consult with a lawyer who is knowledgeable about the legal system in India. Additionally, you can also check with the local Indian embassy or consulate to see if there are any legal proceedings pending against you.
It is also possible for your partner to have filed other cases against you, even if you have not been informed about it or if the information is not available through the ecourts website. In such cases, it is important to obtain legal advice and representation to protect your rights and interests.
I would also like to emphasize that this information is not intended as legal advice, and it is always recommended to consult with a licensed and experienced lawyer in India for accurate and up-to-date information on your specific situation.
