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/under domestic violence ( 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 act/section?
till now does any court in India gave this kind of direction?
is it possible to ask the court in 498-a case , issuing red corner as domestic violence?
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?
I have already poted this question , but i have not clearly asked.so again I posted it. Sry for this
1 Answer from Attorneys
high court will not issue any directions in this regard as the foreign law is beyond the jurisdiction of high court and even supreme court. in case 498a is not recognized there, no red corner notice would be issued. you may file a petition under domestic violence act and an f.i.r u/s 498a is no bar to it.
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