• How can I protect myself and my family

Dear Sir,

My in laws are threatening to file legal cases against me and my family if i don't give her divorce. I  am not divorcing her because if i do she can remarry and file cases against me leaving me to rot in jail. I stay in canada as a Permanent resident. They are constantly asking me to give my canadian address to them. 

1. Can they extradite me back to india under any  LOC or Red notice if i stay in Canada
2. What if i decide to stay in canada permanently or come back with canadian passport to india after few years will they have any claim against me.  
3. Also how should i know if there are already police cases against me or my family. 
4. Also is there a way even after the divorce they can file any cases against me citing previous instances during marriage.

Regards 
Ali
Asked 1 month ago in Family Law from Canada
Religion: Muslim
1) it is in your interest to give your wife divorce by mutual consent 

2) ask them to forward draft  of divorce petition to your email id 

3) in divorce case there will be no extradition 

4) if wife files flase case of dowry harassment then police will issue you notice to record your statement 

5) in such a case apply for AB from sessions court . if you fail to attend court LOC can be issued against you by the police 

6) after divorce wife cannot file any Domestic violence case against tyou as there is no domestic relation ship . 
Ajay Sethi
Advocate, Mumbai
23370 Answers
1224 Consultations
5.0 on 5.0
1. You can be brought to India even against a warrant of arrest issued in India and enforced in Canada through Indian High Commission therein.

2. Regardless of whether you hold an Indian or Canadian Passport you will remain amenable to the Indian courts if proceedings are initiated against you.

3. Apply for anticipatory bail if a FIR gets filed, so that no coercive process can issue against you.

4. Dissolution of marriage does not preclude the wife from adopting her remedies under the civil and criminal law unless estoppel or waiver applies against her. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
It is your misconception. If she is really desperate to get divorce then there is no point in dragging this relationship.Get rid of her by way of mutual divorce.
Once divorce is granted she can  not file 498A case or dowry harassment case anymore.
1.Yes but it is hardly done.
2. Yes if W/A issued by Indian court remains then change of citizenship will not protect you anyway.
3. Engage an advocate.He can inform.
4.No
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. They can not extradite you from Canada for family dispute. You can be extradited  only if the Ministry of External Affairs of  Govt. of India being directed by  a Court order for committing heinous crime, write to the Govt. of Canada to extradite you. I find no reason for your getting so tensed fearing that your might file some case against you. Her filing a case does not mean that you shall rot in jail unless a serious crime is proved to have committed by you.

2. They may have claim/allegation  against you  for any of your act committed in India but you shall always be subjected to fair trial by Indian Court even if you come with Canadian passport.

3. If there is a police case, you will certainly be notified by the police. Engage a local lawyer for visiting the local police station to ascertain whether there has been any complaint/FIR lodged/filed against you or not.

4. She can file any case any time which can not be stopped but you shall have to contest the cases fittingly without living a tensed life fearing that she might lodge a complaint for your previous act committed in India.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1) you can execute POA in favour of family member to attend court on various dates along with your lawyer 

2) you can in case dowry harassment case is filed against you with court permission travel abroad for work purposes 

3) if you don't attend court nonbailabke warrant would be issued  against you 

4) your  passport may be impounded 

5) court may award one third of your income as maintenance 
Ajay Sethi
Advocate, Mumbai
23370 Answers
1224 Consultations
5.0 on 5.0
1. You can file a case by signing the plaint, its affidavit  and Vakalatnama before the appropriate officer of your local Indian Consulate. The said plaint and Vakalatnama can be filed here in India before the appropriate Court  for hearing.

2. Normally yes unless the Court restrains your departure. in case you fail to respond to the Court order, the said Court will issue warrant against you and will try to get it executed through the MEA and Indian High commission.

3. You have not informed about the case which you anticipate your in laws will file against you or has already filed against you to advise you properly. Unless you have committed very serious crime, in all likelihood, you shall be able to return to Canada and certainly will not be called repeatedly.

4. The payment will be as decided by the Court which is normally in between 1/5th to 1/3rd of your monthly earning by adjusting your Canadian earning with PPP (Purchasing Power Parity) Index of India vice a vise Canada.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. Can they extradite me back to india under any  LOC or Red notice if i stay in Canada

It is not a joke that these things can happen at one's fancies and whims.
It is law and as per law it will not be possible to extradite you on such silly matrimonial disputes.






2. What if i decide to stay in canada permanently or come back with canadian passport to india after few years will they have any claim against me.  

If those people are vigilant and watching your movements then it may be possible that they may try to arrest you at airport gate vide a fresh arrest warrant if the case is still pending


3. Also how should i know if there are already police cases against me or my family. 

You have to got to know them through your sources or through a lawyer.




4. Also is there a way even after the divorce they can file any cases against me citing previous instances during marriage.

There are chances for that too.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
1. Can i fight my case from canada by hiring a lawyer without the need to come to india unless this case is settlled full and final.

Besides lawyer you can utilise the services of a power agent to represent you during your absence.





2. If i have to come to india because of court orders will i be able to go back to canada to work. And what if i fail to appear in the court within the prescribed date of notice.

If it i a criminal case then you may not be able to travel back, you will be ordered to deposit your passport  which shall be in  the court custody till the disposal of the case. 



3. How soon can i return back to canada after appearing in court I don't earn much in canada and travelling to and fro is heavy on my finances,my in laws are rich. 

If it is a criminal case then you may not be able to travel back so soon, you have to remain here in India till the case is disposed.





4. If the court orders me to pay maintenance to my wife, how much will it be. I earn around CAD1600 or 80000 rs Pm in canada and how long do i have to pay her


The maintenance shall be decided by the court based on the documents put forth by both and the arguments made accordingly;

T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
1. You can apply for anticipatory bail by signing papers and posting them to your Indian lawyer without coming to India but you will have to appear for investigation and also at trial unless the court exempts you.

2. NBW will issue if you do not appear in the court on the fixed date.

3. You can apply to the court for exemption from personal appearance during the trial.

4. Maintenance can be 1/3rd of net salary.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23370 Answers
1224 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
443 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0