Legal Question in Criminal Law in India

Residence order under DVA

got married under HMA.husband works in Austrila on work permit.I was tortured by him and forcefully sent back to India.

Is it possible to get residence order under DVA at my husband's rented residence in Australia where i used to stay with him?

Is residence order under DVA can be obtained only to reside within India and or can be obtained to reside at matrimonial place outside India also?


Asked on 4/23/09, 8:07 am

4 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Residence order under DVA

Indian courts orders may not be enforced outside the country. The DVA and/or 498-A order may be applicable in India. You may initiate criminal proceedings u/s 498-A IPC in India and also claim damages for adequate residence etc. in India.

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Answered on 4/23/09, 8:15 pm
Bala Gatla Not Applicable

Re: Residence order under DVA

you could file a petition and seek necessary relief. But, think about your matrimonial life, going to such an extent for a silly reason, further spoils the life of both of you. You can make a clap with both hands, like wise the fault would be both of you, try to rectify the mistakes and negative mentality of you both. This is suggested because of my personal experience in abroad. Hope you could understand.Hence this is my opinion

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Answered on 4/24/09, 12:11 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Residence order under DVA

Check whether DVA of India is applicable to Australia. Else, you need to report the matter to Court or Police of Australia under their laws.

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Answered on 4/24/09, 1:02 am
Pranav Desai PD Legal & Associates

Re: Residence order under DVA

Order of Indian Court are not enforceable in Australia.

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Answered on 4/25/09, 7:27 am


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