Legal Question in Criminal Law in India

Subject: Can absconder NRI husband file 482 if co-accused acquitted by trail court. Divorce already granted by USA court

HI,

Wife filed 498a against Husband, Sister and Mother in 2009. Sister name has been removed by Apex court (482 quash) and mother acquitted by trial court. Husband is NRI and got divorce from US court in 2010(Wife participated and sent her response) .

Husband never came to India and declared absconder by police. FIR has same accusation against husband and mother & sister and no evidence has been presented by wife during mother trial.

Question : Can husband file 482 now to quash the FIR as all other co-accused acquitted by Apex and Trial court ?


Asked on 7/04/24, 9:35 am

1 Answer from Attorneys

the divorce obtained by you in US is not valid in India in case the marriage was solemnized in India under relevant laws. The divorce also need be taken in India. you may move an application under CPC for getting your decree by US courts accepted by Indian courts. However, rest of your queries are answered in another thread.

https://karvai.in/nris/

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Answered on 7/14/24, 9:19 am


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