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Mohammed Mohammed (--)     13 February 2011

[URGENT] Dubai-India Extradition Treaty for Personal Issues?

Dear lawyers,


Continuing my plan to file a divorce, I have talked to my wife's family (because they always want to talk and intefere), that I want a divorce. No other way.

Fyi, I have been living in UAE and wife in India. We have been more than 10 years being married with one kid, and problems between us keep growing bigger. Countless ways trying to make this marriage survive. But I have limitations, as human being.


Back to the point, after letting wife's family knows about my plan, they suddenly got angry and started threatening me, the entire family in UAE and India never stop calling. Never stop threatening, including that they are going to file a case against me back in India for abandoning etc, and make me deported.

Question:

  • Is there any possibility that this kind of personal issue in India, like my divorce, can affect my job here in UAE?
  • Is there any power/reasons that would be able to deport me (and automatically losing my job of course) regarding this issue?

Please help, thanks!



Learning

 4 Replies

Mohammed Mohammed (--)     14 February 2011

Missed one point: me and wife both are muslims.

(Guest)
From your name it can be made out that you are Muslims.No need to mention. For expert replies,wait please

Tajobsindia (Senior Partner )     14 February 2011

@ Author

1.
For setting your so called biological clock to right pace let me add here in one go that extradition and deportation are totally different ball games in the hands of errant wife’s and her side of family here in Inia if they come to it !


For extradition to be made effective
extradition law states that for a person to be extradited (not deported 3 conditions have to be met:

i. There needs to be a extradition treaty between the 2 countries.
 
ii. The charge has to be a valid criminal offence in both the countries.
 
iii. Extraditions are subject to appeal and cross defence as it were in pre-trial in the submitting country.


1.1
. India
has signed extradition treaties till date with Governments mentioned in the below link and for the same you are safe now read second para

https://cbi.nic.in/interpol/extradition.php#et

Mother of all precedents that may help in extradition challenge scenarios is reproduced below;
In Bhavesh Jayanti v. State of Maharashtra [Arising out of SLP (Crl.) No. 6407 of 2008] Supreme Court of India.

Moreover, as per the prevalent practice, in cases pertaining to matrimonial affairs, the view taken is that such matters may not generally be held to satisfy the test of dual criminality…. We have already held above that the Municipal Laws of a country reign supreme in matters of Extradition. It is thus for the State concerned to take a decision in regard to such Notices, keeping in view the Municipal Laws of the country. The High Court was, therefore, in our opinion, clearly wrong in holding that a Red Corner Notice should not be tinkered with… It ought not to be forgotten here that the dispute between the Appellant and the Respondent No. 6, being essentially a Matrimonial dispute, is a private dispute and no criminal extraditable offence can be made out of the same


2.
Concerning your main worry – Deportation;
Deportation happens if you have committed a "severe" criminal act in a foreign country, get arrested and tried in a court of law and are convicted in the foreign country. Then the local law enforcement agencies of the foreign country will deport you to your country of origin.

Family matters never ever constitute a criminal act unless there's charges and evidence of severe domestic violence. Your briefs state totally opposite so burn your Riyals in the right shopping mall till matters subsists in a compromise as per your terms amicably accordingly between two estranged couples as per presented briefs so far......


3.
I have totally ignored making reference to Muslim Marriage Laws as I feel Sh. Assumi, Adv. is a better expert here than me and has fantastic grip of Muslim Personal Law subject. He may lead you on the personal Law point of views if any as when you may thread that part with him and with othr readers in the forum……..

So where is your next shopping spree too man…… relax
J 

3 Like

Mohammed Mohammed (--)     14 February 2011

tajobsindia,

you are the hero of the day :) 
Logically speaking, I was sure It's not possible for cheesy personal issue to drag anyone between two countries. Thank you so much, finally I got the explanation needed. 

I'd spend some time to get some good sleep before the next shopping schedule! 

Other comments are very much welcome


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