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Puneet (Victim)     19 September 2013

498a councillor protection from embassy

I had a 1 day unregistered unconsumated marriage in India.

 

I am holding a foreign passport and not having any OCI or PIO card.If i visit India on Tourist Visa and if 498a is filed against me then is it possible for me to get Councillor Protection and back off the police ? 



Learning

 6 Replies

**Victim** (job)     19 September 2013

I may sound harsh but may i ask you that what makes you think that you are special ? There will be no protection once you land in india. The most you can think of is of your arrest right away from the airport. Unfortunately india law doesn't function the way you think.

Nitin (Law)     19 September 2013

@Puneet Yes you are Special and will definitely get service from your embassy only if you are on Tourist Visa and not holding any OCI or PIO card.The best example is of Italian Marines who even after murdering 2 Indians were only kept in house arrest.So you are a foreigner and you will not be treated same as Indians.The trouble is if you have OCI/PIO then you are treated par with Indian citizen.

T. Kalaiselvan, Advocate (Advocate)     19 September 2013

What is 1 day unregistered and unconsummated marriage?  Is there any marriage of that sort in India or else where? When there is no marriage at all where is the demand for dowry and how a case u/s 498A will lie? However, you are not immune of diplomats exemption, so think about it.

Puneet (Victim)     19 September 2013

Please note iam not an NRI and I dont hold any OCI or PIO card.So please note the definition of NRI. In India walking around fire is considered marriage but the country i am a citizen such marriages are not legal whatever the religion be,for a legal marriage there needs to be a government proof.

Nitin (Law)     19 September 2013

@Raj123 Please read this throughly regarding HMA https://indiatoday.intoday.in/story/india-domicile-proof-must-for-hindu-marriage-act-to-apply/1/298045.html

Arun Shukla (Lawyer)     22 September 2013

Dear Puneet,

the first thing you are saying the case will be filed under 498A why so as you never know the marriage as you are saying is actually marriage or not in the eyes of law of India and, second thing it is unconsumated it is just your saying how can it be believed by someone else. You need to contact to the other party anyhow and don't act on presumptions. Before lodging any FIR under section 498A the police has to make efforts for mediation and conciliation and you can opt for anticipatory bail if it is applicable in the city of your in laws.   


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