Legal Question in Family Law in India
Could anyone here give a single judgement in which extradition orders issued on matrimonial case in which Husband is holding a foreign passport and wife Indian citizen.Dowry is not valid outside India so on 498a one cannot extradite then DV for which physical violence needs to be proved with medical proof when the other person is foreign national.Then comes desertion which is not a crime in matrimonial case as per foreign laws and divorce exists.
Waiting for learned lawyers here to give a single case where the foreign national got extradited for a unregistered unconsummated Hindu marriage without dowry.
2 Answers from Attorneys
Extradition depends upon the bilateral treaty with the
Country in which the person to b extradited is currently
staying. Second thing is the gravity of offence in that
Country. 3rd important thing is prima facie case against
The person. Domestic violence n divorce are
Civil actions. Marriage consummated or not is irrelevant.
The courts in India, in absence of treaty at the most
will issue non bailable warrants of arrest leading to declaration
as Proclaimed Offenders.
dear client call me on 9422611385 for proper discussion
ADV PRASAD PATIL
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