Legal Question in Criminal Law in India

I got married under HMA.my hubby works in US on H1 visa.He has filed for divorce in US.all my shreedhan are still in his mother's possession.I sent one lawyer's notice to my hubby asking him to return my articles.But three months has pass and they have neither returned it nor replied back.Now i want to lodge 406 to get my shreedhan back.But i lives in Calcutta and my in laws live in Delhi.Can i filed 406 in Calcutta or as my in laws are staying in Delhi i have to file case there as its in their possession?If i will file 406 in Calcutta is jurisdiction will became an issue?


Asked on 8/18/09, 8:36 am

4 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you can file your criminal complaint u/s 498a 406 in calcutta iteself and there is no need to file the same in delhi as you are residing in Kol. the law gives you permission to file the case at your place of residence.

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Answered on 8/18/09, 8:38 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

(a) The divorce proceedings filed in USA may not be valid in India;

(b) Yes, you may file a complaint u/s 406 IPC with Calcutta police. \

(c) You may also invoke the provisions of Domestic Violence Act; seek special category U visa for USA meant for victims of domestic violence.

(d) you may also make complaints to the concerned authorities in USA.

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Answered on 8/18/09, 8:43 am
Shrichand Nahar S.V.Nahar, Advocate

May be.

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Answered on 8/19/09, 12:27 am
Pranav Desai PD Legal & Associates

Calcutta should be fine

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Answered on 8/19/09, 5:59 am


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