Legal Question in Family Law in India

Re: Look out notice

Hello.

First of all you may call your sister back to India.

To file 498a is possible but details are needed like where was the marriage place and when she was married.

Please mail me the details.

Re: Look out notice

you can file a complaint against the husband on behalf of your sister as the law has specific provision to that regard. you first file a complaint and look out notice is the stage afterwards.

Re: Look out notice

Yes you can file the case. Regarding second it is not possible to answer

Re: Look out notice

(1) You may file an application u/s 498-A IPC against her husband and all relatives who committed cruelty upon her. The application can be filed by the parents are other relatives including you.

(2) After you get a copy of the FIR, you may need pursue the matter with the police for proper investigation of the case.

(3) If the husband is in USA, the police may summon him to join investigation. The 'Look Out Notice" is issued if the accused does not turn up despite being summoned by the police.

(4) There is a possiblity that the police may not act swiftly on your complaint. In that situation, you may file the complaint in the court and make a prayer to refer the same to the police u/s 156 (3) Cr. P. C. for investigation.

(5)The Court may supervise 'police investigation' from time to time and issue appropriate directions.

(6) You may also make application under DVA and seek attachment of his property in India in lieu of the compensation/monthly maintenance that may be awarded by the Court.