Legal Question in Family Law in India
My husband and his family harased me a lot. so I have lodged a 498-a complaint on my husband who reside in USA. The indian court has issued NBW against him.criminal proceedings and NBW is pending since 2 years as he is not coming to trail. the police sent papres/requisation to interpol, new delhi. Interpol, new delhi sent papres to interpol, france to issue red corner notice against my husband.But the Interpol, france stopped issuing red corner notices based on 498-a cases from India.It says 498-a cases are not in western countries and there are no more dowry and dowery cases in western countries , so they do not issue red corner notices against 498-a cases. So there is no way to bring the accused to India. I have not filed any domestic violence case till now.
I have a question, Can I approach the high court for a direction to interpol, new delhi to issue red corner notice based on domestic violence case ( actaully it is a 498-a case. pls keep in mind that I have not filed domestic violence case)?
Is it possible to ask the high court this kind of direction , ie, in 498-a case, direction to issue red corner notice based on domestic violence case?
till now doe any court in India gave this kind of direction?
kindly help me. no one is telling clearly , what I have to do?
many people are saying that as I already lodged 498-a case , I should not file a domestic violence case based on the same facts. Is it true?
2 Answers from Attorneys
498-A allegations include "domestic violence" also.
You are also entitled to separately file a complaint under D.V.A.
You may send a copy of the NBW directly to the police station of the area in USA where he is residing or working.
You may also make appropriate complaints to the authorities in USA.
kindy contact to a lawyer
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