IPC493
sunitta
(Querist) 11 September 2009
This query is : Resolved
My ex wife ans i are both American citizen. after divorce we had friendly relation. however, during my surgery, she came to india along with me to help me out and to take care. we owned one property together which was supposed to settlle betwen us. she stayed with me for less than one year but not as husband and wife. I paid her money for share of the property. she signed non registered sale deed but it was notarized. she also signed power of attorney. but later on due to influence of her relative she cancel the power of attorney. Now she wants to proceed against me under IPC493 to prosecute me.she has moved out of house more than a year. My question is that we both us citizen, married out side of indin non hindu marriage. had divorce in In US, dose she has right to prosecute me just cause she help me during my illness? does Indian court has jurisdiction? secondly is there statutes of limitation applies to 493. I am looking forward to hear from a learned counsel.riven
Shivasurya
(Expert) 11 September 2009
Mr. Sunitta, the divorce order granted at America by court of law, Indin law rightaway accepted such order and your wife cannot prosecute u/s.493 you after granting divorce by court of law. So dont worry about such proceedings. Now you have to think about the cancellation of POA. My sugessestion to file civil suit against your wife for declaring the cancellation of POA is null and voidriven
Guest
(Expert) 11 September 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE COMPLAINT AGAINST YOU KINDLY NOTE THAT
1.YOU MAY APPLY FOR ANTICIPATORY BAIL AT THE HONOURABLE DIST AND SESSIONS COURT OR HIGH COURT HAVING AREA JURISDICTION.KINDLY NOTE THAT AS PER PLACE OF CRIME THE LOCAL POLICE STATIONS HAVE JURISDICTION.
2.YOU WILL EASILY GET ANTICIPATORY BAIL /INTERIUM ORDER TILL FINAL HEARING OF SAID APPLICATION.
3.YOU HAVE NOT MENTIONED YOUR DETAILS AND ABOUT THE AREA WHERE ALLEGED CRIME IS COMMITTED.
4.YOU MAY ALSO FILE WRIT PETITION UNDER SECTION 482 OF CRIMINAL PROCEDURE CODE AT HIGH COURT FOR QUASHING THE SAID COMPLAINT AGAINST YOU.
5.KINDLY SEND DETAILS IN CASE ANY FURTHER HELP IS REQUIRED.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT. M.COM.LL.B.(MUMBAI),ADVOCATE
riven
J K Agrawal
(Expert) 12 September 2009
IPC is applicable if you are citizen of India. Further IPC is applicable if you are not citizen of India but offence alleged to be committed in India.
If your intention was not to believe her that she is still your married wife no case is made out against you.
riven
Prashant Kumar Jha
(Expert) 12 September 2009
i m agree with the advice given by all my learned friendsriven
Arul Kumar
(Expert) 15 September 2009
I Agree with Shri Sawant.
riven
a.manoharan
(Expert) 21 September 2009
Dear Mr.Sunitta ,
First please furnish the following details for the proper guidance by experts.
When and where you got married? Where is the property situating ? Which religion , if not hindus?
Limitation applies to Sec. 493 IPC is 10 years
For the property in India Non-Registered Sale Deed is invalid.
Regarding to POA , please contact me through advocatemanoharan@gmail.com or by mobile no. 94431 45884riven
Guest
(Expert) 25 September 2009
hi Sunitta.there is no limitation perio for an offence punishable with a term of more than three years. Secondly ,for the application of Sec 493IPC IT MUST BE SHOWN THAT the accused is not lawfully married to the accused and the accused induced the victim to cohabit or have sexual intercourse with himbut in ur case you have been lawfully divorced hence u can produce a copy of it , THIRDLY as far as jurisdiction of INDIAN COURTS is concerned, as this offence ( if any) has been comitted on INDIAN soil hence the courts in INDIA have jurisdiction over the case, Sec.2IPC.
Adv.Aiyer VLV
(Expert) 06 October 2009
Mr.riven
NANDKUMAR B.SAWANT's advice is practical and great. please follow it.
"sec.493 Cohabitation caused by a man deceitfully inducing a belief of lawful marriage.-- Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Further I want to add:
1. IPC is not a law only for Hindus and only for Indians.
2. From your query, it is clear that you were not husband and wife in India. You have not clarified on co-habitation or she stayed with you and helped, without co-habitation.
2. You will be able to prove in court that you have not made her believe you are both in marriage. Your divorce, sale deeds will help.
3. You have written that she wants to proceed u/s493, if there is a threat, go for a case under IPC for blackmailing. If sec493 complaint is already filed, details will help.
4. With POA, if not revocable, her cancelling will not be valid. if revocable, it clearly proves that she took money for selling and cancelled, so file a case under Sec.420 IPC on her for cheating and fraud. You may also file for declaration of title.
5. Last but not the least, figure out if you could file cases against her in american courts regarding any of these or any other matter, she would climb down.
regards
VLV
Sachin Bhatia
(Expert) 10 October 2009
Agreed with Mr.NANDKUMAR B.SAWANT
