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Rajeeeeeev (None)     19 October 2011

Execution of exparte decree u/s 125 of cr.p.c.

Dear Sir,

  1. Notice was sent by the Hon'ble Court at the address given by the NRI husband in his passport.
  2. Notice returned unserved with the reason that husband does not live here and the said property/address was sold in the year 2007.
  3. Husband obtained his passport in year 2008. Therefore, he gave wrong address/concealed present address to MEA. As a resulthis passport has been revoked by MEA, proving the intentions to abscond from India.
  4. The documentary evidence that somebody else is the owner/occupant of the said property is also available.
  5. Further documentary evidence to prove that the husband has the intentions and is absconding from India is also available as:-
  • Husband filed a divorce case in year 2007.
  • Husband changed his foreign country address in year 2008 (resignation letter from the company where he worked is available). He did not inform the Hon'ble Court about his change of address in the foreign country during the pendency of the divorce case.
  • Husband has withdrawn his divorce case in year 2009 and is absconding from India since then.

 

Please guide under the above circumstances:-

  1. Can the Hon'ble Court be requested in the first place to issue a warrants against the husband which will be executed through Interpol (RCN) because the husband is living outside India illegally with a revoked passport and his presence is required by the Hon'ble Court to execute the present decree.
  2. How and when can the Hon'ble Court be requested to issue warrants against the husband to be executed through Interpol to get the husband repatriated to India in this case.
  3. What are the different steps to be followed before getting warrants/RCN issued against the husband by the Hon'ble Court.

 

 

 



Learning

 1 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 October 2011

 

Please guide under the above circumstances:-

  1. Can the Hon'ble Court be requested in the first place to issue a warrants against the husband which will be executed through Interpol (RCN) because the husband is living outside India illegally with a revoked passport and his presence is required by the Hon'ble Court to execute the present decree.

NO, WARRANTS CAN NOT BE ISSUED IN CRPC 125, IF NO SUMMONING IS DONE. ALSO RCN CAN NOT BE ISSUED AS THERE IS NO PARALLEL CRIMINAL PROCEDURE IN MOST COUNTRIES.

  1. How and when can the Hon'ble Court be requested to issue warrants against the husband to be executed through Interpol to get the husband repatriated to India in this case.

WHEN HE HAS NOT APPEARED DESPITE SUMMONING

  1. What are the different steps to be followed before getting warrants/RCN issued against the husband by the Hon'ble Court.

NOT APPLICABLE.


REGARDS,


SHONEE KAPOOR

HARASSED.BY.498A@GMAIL.COM


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