Service to foreign citizen in criminal cases
Aman Kour
(Querist) 18 March 2024
This query is : Resolved
What to do in a situation when the address of the person to be served in foreign country is not known and its a Vriminal case . 498 A , DV and Maintaunace. As per MHA Guidelines for Mutual Legal Assistance the address is mandatory and for Informal letter of Request the there is no Investigation Agency in DV and Maintainace cases. In 498 A case the chargesheet is filed in court under section 299 .Absconding. LOC already issued. Plesse guide. CAn we request Court to direct police to take Interpol help to locate the Foreign Citizen and than serve him.abroad by MHA . Is there any similar case or judgements on such case by any court in India. Please help.
T. Kalaiselvan, Advocate
(Expert) 18 March 2024
For judgments you have to search by yourself or through your lawyer.
Since already LOC and proclamation orders have been published, generally red corner notices to prompt Interpol to locate the person is not given, even if given, it will also not fetch the desired result, hence you may have to wait.
Aman Kour
(Querist) 20 March 2024
Sorry... fact is a girl is married to an Foreign Citizen of UK and girl is an Indian Citizen. The UK boy abandoned the girl in India in 2020 with 2 kids one of which is a UK citizen . The passport of this UK visa baby is expiring in few months and he is living illegally in India with his mother . To renew her child passport or extend her UK citizen baby stay in India she needs a consent from her husband but his whereabouts are not known . Girl has now filed 498 A , DV and 125 in India against her husband . Court Notices can be serviced by MHs because Address of her husband is not known. Court have issued warrants against him.in 498 A Case but how to serve this warrant also if the address is not known.
T. Kalaiselvan, Advocate
(Expert) 22 March 2024
If you are not able to furnish his address then you cannot expect court to know his current address.
You can ask police to issue a LOC against him and also declare him as a proclaimed offender.
By this he can be arrested at airport whenever he lands in India through any airport of the country
Sudhir Kumar, Advocate
(Expert) 19 March 2024
