Legal Question in Criminal Law in India

Domestic violence

Hi,

My friend was in USA on job visa for few years and his wife wrongly charged him with a domestic violence charge for which the judge sentenced him with Misdemeanour and put him under probation for 3 years. Due to certain personal reasons, he had to shift to India after completing all weekend work, community work and 70% classes of counselling.

a) can his wife charge him with same offence in India (note that this incident/s took place in USA).

b) he has returned all jewellery etc belonging to his wife and he has notarised proof of receipt. can his wife still raise false dowry case/FIR?

c) if suddenly the police comes at my friend's doorstep with some false charges or pretext, does my friend have a right to call a lawyer? will his wife succeed in getting false arrest warrant? if so, under what pretext?

d) my friend and his wife are not in touch with each other for now 18 months. when can my friend get a unconditional no contest divorce for no contact in India?

Thanks and Regards

--name removed--


Asked on 7/21/03, 9:32 am

1 Answer from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Domestic violence

The query appears to be hypothetical. As such, I am unable to express anything positively. However, there are instances of filing false cases in the matters like this. The offence which is normally registered is under section 498A I.P.C. This offence being a cognizable offence, the Police can effect arrests without a Warrant.

As regards Divorce, it depends on the personal law governing them. Since you did not specify that, nothing can be commented.

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Answered on 7/22/03, 6:07 am


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