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Payal C (Job) 18 May 2009

canadian-indian divorce assualt

hello, i am an indian and married an indian guy in 2005 and then we both went to canada on work visa. my husband had been assualting and abusing me. i had to run away and come to India. I filed complain in canada before coming and i wanted to know what can i do here?

can i file domestic violence or harrasment or any other charge in india?i haveheard that becauase incident happened in canada i cannot do anything in india. is it true?

how will it work because my husband is in canada and he will probably not come to india. what things can i do?

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3 Replies

adv. rajeev ( rajoo ) (practicing advocate) 18 May 2009

I think u can file a complaint in India.

Sec 188 provides for extra-territorial jurisdiction over indian citizens and also of non-citizens.

This section specifies two cases in which a person is triable for offences committed out of india, namely-

1. When an Indian Citizen commits an offence in any place ither on the high seas or else where; and

2. When any person, not being such citizen, commits an offence on any ship or aircraft registereed in india.

sl. No: 1 is applicable.

My sincere advise is better consult good criminal lawyer in ur locality.

Swami Sadashiva Brahmendra Sar (Nil) 18 May 2009

matrimonial offences are of continuing nature. you can file complaint at a place where you reside.

n.k.sarin (advocate) 18 May 2009

I agree with Mr.Tripathi.

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