Section 498a
Amrita
(Querist) 12 October 2018
This query is : Resolved
Hello,
I need some advise for my cousin's case.
She is Canadian PR & got married to a Indian boy.
Soon after marriage boy's family started harassing her for money & other expensive items like phone , refrigerator, laptops, I pad etc & for jewelry too as she was in Canada .
They kept all her Stridhan & her own jewelry in their custody.
They were harassing her by phone calls abusing her etc. but at the same time boy use to emotionally blackmail her to help them so she use to send money to them.
But their greed was not getting satisfied that they beat her up for money while she was pregnant & soon after that she had miscarriage.
But the boy was still using her tactics to keep her emotional.
After some time boy joined her in Canada as she sponsored him as spouse & now after getting her Permanent residency PR he abandoned her.
(there was 2 year clause in Canadian PR so he stayed with her for 2 years just to meet that clause)
Now she lost all her money, jewelry all her stridhan.
She has started as 498a against the boy and his family but CAW cell is asking her to appear until then they will not take any action against the family. Boy's family are missing the dates & are enjoying their life.
Please suggest me what else can she do legally against them & is right that CAW cell will not take any action unless she come to india & appear.
Your advises will be highly appreciated.
Thanks
Vijay Raj Mahajan
(Expert) 12 October 2018
CAW will not proceed with the matter unless the woman appears in person to record her statement. However the woman can send her complaint and statement from Canada to the higher Police officer i.e. Commissioner of Police or Deputy Commissioner of Police of the area for registering FIR under section 406,498a IPC against the husband and in-laws. Her parents can meet the higher police officer as mentioned for taking due cognizance of her complaint and registration of FIR. Unless the FIR is registered nothing can be done in this case.
Sudhir Kumar, Advocate
(Expert) 12 October 2018
prima-facie CAW cell is right.
she can get in touch with Indian High Commission.
She can even talk to NCW if any breakthrough can be possible
In case the boy got on PRC and not foreign nationality he remain liable under IPC for present deeds even if committed outside India.
Dr J C Vashista
(Expert) 12 October 2018
Well analysed and advised by experts, I agree.
Your cousin will have to approach concerned CAW cell for investigation and furtherance of her complaint.
It shall be better if she/ her family (may yourself) to consult a local prudent lawyer before hand (going to police/ CAW Cell) if really interested in favourable action.
Vijay Raj Mahajan
(Expert) 12 October 2018
The offence is committed against India citizen, the woman is having Canadian PR but still she is Indian citizen holding Indian passport.
Offence committed out side India against Indian citizen, however there are important things to be noted here, the husband is having Canadian citizenship or only PR, secondly if he has Indian OCI if he's Candian citizen, thirdly the offence was committed entirely outside India or partially in India and partially outside India.
The husband was demanding the dowry from the parents of the wife in India through his parents or other relatives or himself will be taken in account for covering the offences under the Indian Penal Code.
The matter need to be discussed with competent lawyer before taking any further steps in this matter.
