maahi (mechanical technician) 01 February 2014

498a or maintenance or any other cases

Respected Advisory,

What if wife files the divorce or 498A or maintenance or any other cases in situation where husband is employed at out of country and could not appear for hearing due to work commitments? what hapend for next stage, any arrest at airport or any court warrant issued in abroad address or how to lead this situations

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9 Replies

Adv Archana Deshmukh (Practicing Advocate) 01 February 2014

It depends upon which case is filed. In case of a criminal case, if FIR is registered and no bail is taken then, the husband can be arrested. However, in other civil cases, there is no question of any arrest unless arrest warrant is issued by the court such as in a recovery case of maintainance granted.

maahi (mechanical technician) 01 February 2014

Thank u ADV ARCHANA, i understood but thing is if she try to block my passport is it possible to block my passports/

and she put so many false case againist me i afraid that i m in abroad now and is it possible to arrest me in abroad through indian embassy any possibilities mam plz advice me

T. Kalaiselvan, Advocate (Advocate) 01 February 2014

First thing she cannot block your passport by any means, nobody can do that for her including law enforcing authorities. If at all she has lodged a criminal case in the police station u/s 498a or dowry prohibition act,then if police has registered a FIR, subsequent the police can issue a look out notice, after which on arrival at airport, you may be be taken into police custody, but generally the police will not go that extent in the initial stage itself, further, the foreign country will not make any arrest on a police complaint here in India on such grounds, you are not a terrorist or something serious which requires you to be arrested through interpol etc, dont think too much about nothing.

maahi (mechanical technician) 07 February 2014

Dear sir/mam.

i married christian girl 14 years back, i m hindu and she is christian , we r not registered our marriage and we dont have any marriage certificates, our marriage not done in the form of hindu rituals and we staying seperately from morethan 5 years we have 14 years girl daughter and now i heard that my wife convert my daughter to christian in the church and convertion function also she held what can i do sir, she have any rites to convert my daughter to christian if she did like tat can i go for complaint , any funishments get to my wife and daughter plz let me know what i do for this condition plz help me

Sudhir Kumar, Advocate (Advocate) 15 April 2014

you are hindu and not converted to christianity
she is christian not converted to hinduism
your marriage is not registered under Spl Marriage Act which allows inter religious marriage.
you performed some ceremony for making her to believe that she is legally wedded wife.

No you are not husband and wife in the eye of law and you convinced her being your wife and lived togather. this is sufficient to prove rape charge on you.

choice is yours.