Dear Querist
My opinion on your queries are as under:
Are the IPC codes for the criminal complaint above she made for 498a/406/506?
Opinion: Yes, apart from the above section 34 of IPC will also be included with section 323 of IPC
- In DV case I have not received summons but the case is now in TRIAL stage(saw case status online) without me receiving any summons in USA by postal service. I got one email from protection officer to attend inquiry but I ignored because the email id used was gmail and also there was no stamp on that scanned copy to email. How can the case go to TRIAL without respondent receiving the summons?
Opinion: the trial can be start without respondent if court proceed them as ex-party due to non service of summon after done all the procedure for summoning.
- Once during initial stages of separation there was a group conference call with my wife's father to resolve the issue in which he provoked me to speak something which is not true out of anger but if considered valid proof can be against me(just one or two sentences). We came to know he recorded the call. Is the audio recording with 3 people on call and where I am provoked to speak something bad can be used as evidence by him?
Opinion: it may be possible, as per section 65B of Indian evidence Act all electronic and digital evidence can be accepted by after complete verification.
- My wife and I share a bank locker in India which my wife freezed in my absence. She is telling to police that her jewellery is inside that locker and I can be booked for 406 for that. I never opened the locker after dispute and she is the one who freezed it as she lost the key and being afraid I may open it. Can she get a police or court order to open the locker in my absence if I do not come to India for long? (lets say Proclaimed offender case in worst case scenario for not attending court for long in the hypothetical trial in future)
Opinion: Yes, she may file an application for opening the locker before the court and if you are not appear before the court for your defense then the court may pass an order.
- In DV case she asked for maintenance. If court gives exparte order and if the court awards her some money. How can they enforce on me living in USA? Do they seize my apartment or bank accounts in India to recover that amount and pay her?
Opinion: yes, the court may pass an order for attachement of your property and bank account and recover the same for her against the maintenance order.
- The police is threatening my parents that if they do not make me come to India, they will add their name in FIR for 498a/406/506. The locker is solely owned by me and my wife and my parents never even came to that bank. But my parents are getting harassed. How can we convince police that they are not involved in this matter? Plus the locker was freezed on her request only.
Opinion: In these type of cases the parents can be harassed but not arrested by any means until and unless their role in the offence is not very serious.
- We did not take any dowry. Also her parents gave her some jewellery gifts which we did not take from her. It was with her only. There is no written proof also that we took anything. Some of her items may be in that locker along with my items. She is showing proof of marriage photos to prove her jewellery. But how does that prove that the jewellery is still with us?
Opinion: It is matter of trail and first of all it is her duty to prove her case to convict you if she is not able to prove the case without reasonable doubt then you may get acquittal.
- I am thinking of applying anticipatory bail to my parents. My brother is currently studying in USA. I want to apply to my brother and me later when we plan to visit India. In chennai, what is the cost of anticipatory bail vs regular bail? Will the bail amount be refunded after the charge is quashed or dismissed during trial?
Opinion: Anticipatory can be filed and the amount is depend on lawyers,
bail amount will be refund after quashing or discharge or acquittal order.
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