Legal Question in Criminal Law in India

1] My wife is US citizen.However,She was born in Punjab[India]and became US citizen in 2001.
2] I got married to her on 10/02/2011 at punjab in Temple. After marriage she stayed 5 days in india and left for USA.
3] I came to USA in july-2012 and left for india on 19/12/2012.
4] My first question is can my wife file 498A case in Punjab or she will file case in jharkhand[Her matrimonial home].Point to be noted is my wife has never ever visited her matrimonial home.
5] CAn i be extradited to USA for any complaint of my wife. I have recently got a case dismissed by my wife for false Domestic violence.Still she is threatening me for false DV case in USA. CAn i be extraditied.
6] If she files 498A case in punjab how come the police is going to arrest me. Will it be done by punjab police
Regards

Asked on 12/24/12, 10:51 am

3 Answers from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

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The answers to your questions here in below for your perusal:-

1) She can file complaint in either of the two places.

2) There is an Extradition Treaty sighed between USA and India but very difficult to tell you as i would like to see the complaint and the gravity of offences committed by you on her as stated by her in the complaint.

3) Yes the Punjab Police will arrest you incase there is a criminal case before them against you. Engage a good lawyer who would guide you in each step . Dont waste time as your life and freedom are important.

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Answered on 12/24/12, 9:35 pm

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