Legal Question in Criminal Law in India

498a queries

Hello

I work in USA on H1 visa. My wife joined me on H4.She has gone back to India.She has lodged 498a against me in India.Police have issued lookout notice against me as her lawyer told my lawyer.I don't want to go back to India.As i am working in USA so i don't want to go back to India for investigation.

My question

1) if i don't go back to India can she approached to the court to impound my passport to compel me to go back to India for investigation?

2) Her lawyer told my lawyer that the police has issued red alert.Is it true that if i don't go back to India police can arrest me through interpol?


Asked on 4/20/09, 2:24 am

4 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Re: 498a queries

1. She can apply for impounding. However, in view of a recent supreme court ruling, court is not empowered to impound the passport.

2. In cases like 498-A, Red Corner Notice through Interpol is difficult. Ask your lawyer to check court records to find out whether a Red Corner Notice is issued. If a Red Corner Notice is issued, then police of area of your residence or work in USA may arrest you and a proceeding of extradition will start.

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Answered on 4/20/09, 4:45 am
Pranav Desai PD Legal & Associates

Re: 498a queries

Yes to all.I suggest you should tell your father to consult a local lawyer and as soon as possible submit yourself to the court.

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Answered on 4/21/09, 1:33 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: 498a queries

1)Yes she can.

2)Ask your lawyer to verify the red alert issued thru interpol.

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Answered on 4/21/09, 2:18 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: 498a queries

(1) Yes, the passport may be impounded and you may be compelled to return to India;

(2) Yes, the police may refer the mater to interpol and they may request the US Police to arrest you and send you to India.

They may also directly persuade the US authorities to seek your return to India or arrest and detention in USA till further proceedings.

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Answered on 4/21/09, 3:09 am


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