Legal Question in Family Law in India
I have filed 498-A against my husband and his family 2years ago.my husband lives in USA. the indian court issued NBW against my husbnad.the criminal proceedings and NBW are pending against my husband since 2 years.he is not coming to india to face the trail. the police are already forwaded papers to interpol, india to issue red corner notice against my husband. But Interpol, New delhi are saying that " The interpol, france has stopped issuing notices pertaining to Section 498(A) (dowry harassment) cases registered in India.there is no law pertaining to dowry harassment in US and other developed countries and hence the Interpol sttopped issuing Red Corner notice based on the Indian law.The external affairs ministry had sent several representations to Interpol explaining the seriousness of the cases booked under Section 498 (A). However it failed to get any positive response from them" . So there is no way to bring my husband back to india. But the interpol issue red corner notice in domestic violence case. in this case, can I approach the high court to change 498-a section to domestic violence act and issue red corner notice based on domestic violence act?.Pls advise me how to proceed in this case.
( I have filed an application to interpol, new delhi under RTI act. the interpol itself said the interpol, france stopped issuing red corner notice .so they have forwared papers to interpol, washington D.C.The interpol ,washington D.C only trace the person in USA , they do not issue red corner notice)
3 Answers from Attorneys
You can file an application to cancel the viza due to summons issued in DVA Case coz he is willingly not appearing in the court and once his viza will be cancelled he has to appear in 498 also.
Your further clarification is welcome at nominal fee at;
Advocate
M:09814110005
PB. & HRY. HIGH COURT CHANDIGARH (INDIA)
With Regards
(1) The US laws consider "domestic violence" as a serious matter. If in your 498-A complaint, the emphasis is on "cruelty" resulting out of maltreatment by your husband and/or in-laws, your existing complaint may serve the purpose.
(2) After you are successful in tracing his whereabouts, you may make appropriate complaint to ICE authorities in USA.
(3) You may also make appropriate complaint to the local COUNTY police in USA at the place where the boy is residing.
(4) You may also be entitled to US visa under a special category recently made out for victims of domestic violence.
you can file a complaint under domestic violence act and in case your husband does not attend the court hearing and the summons are sent at his last known address, the court would issue NBWs and then you may proceed with issuance of red corner notice against him. the process may be lengthy but the results be there.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
