Indian marital laws a strange situation

3 years limitation applies in the sections that you are worried about. Your wife has no case against you which will stand in an Indian court of law.

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I just loved Naveen Bro's posts and his attitude towards the misuse of laws. Great to see that :-)

I just loved Naveen Bro's posts and his attitude towards the misuse of laws. Great to see that :-)

Let us make you more laugh today;

1.    Read and understand S. 105 CrPC for Criminal Family Law sections I mentioned earlier for extradition.

2.    Read and understand Rule 25 / Order 5 of CPC for Civil Family law sections I mentioned earlier where there is no need even for perusing extradition and simply by serving Court Notice on your last address she can jolly well achieve all her civil family law aspirations..

3.    Read and understand G.S.R. 462 (E), dated 9th October, 1996 published in the Gazette of India, Extraordinary, Part II, Sec. 3 (ii) dated 09-10-1996 on Swiss and India Extradition Treaty especially Article II therein.

4.    Regarding single case we will give you don’t be so impatient that also after 4 years to make you more laugh, but, before that have you made that phone call to any one of the Swiss Embassy in India seeking answer to quote / unquote I asked you to speak to them in my earlier reply? First make that phone call and then it will me our turn to make you laugh with extradition case requests and results thereof till date.

5.    What rubbish you talk with us here on false cases diverting from your own brief before us? Let us talk more about your over confident brief; Your very sworn undertaking given to seek Swiss nationality while remaining deserter in an Indian Marriage will make you cease your Swiss Nationality on one ‘simple representation’ by your wife here before any one of the Embassy of Switzerland in India remember that Mr. Smart. All she has to shoot here is marriage photos, sworn oath affidavit witness to marriage statement counter signed by SDM, mention your full Indian name / your father –mother – brother – sister name, your Indian address and rest Swiss Authorities will trace-route from your Swiss nationality papers / file. You think we donot know International Jurisprudence to hear from novice like you such rubbish loose talks? Tell readers did you not fill up a 2 page undertaking about your family status while applying for Swiss nationality? Did you not answer this quote question in a questionnaire “If you were married before, please indicate the name of your previous spouse, his/her personal data and the date of divorce or death.” Did you not know oh great law abiding follower of Swiss Laws that divorce or widow status of Swiss national have also to be Registered and there is penalty not to do so as per your local Laws (Swiss laws which we mean here).

6.    Here is your FDFA Law Mr. Smart; your FDFA will assist you - if a person has been arrested: inform his family; arrange a court-appointed counsel and, if necessary, an official interpreter to defend the rights of the detainee; provide addresses of private law firms; visit the detainee in prison; campaign for the humane treatment and respect for basic rights of the person during his imprisonment. Whereas your FDFA will not assist you - get detainees released from prison and/or intervene in legal proceedings abroad and/or take measures that violate legal norms of the host country. We hope you know full form of FDFA ? If not whisper before us, we will educate your Swiss Laws for a change.

Would you like to discuss more with us on Indian Family Law applicability on you oh law abiding Citizen of Switzerland?

@Tajobs is one of the better posters here and he is only trying to help you with worst-case scenarios for no benefit of his.Bear that in mind

@TajobsIndia

I really cannot stop laughing on your wild imaginations :)

Also whats the purpose of calling Swiss Embassy in India as i spoke to my lawyer here and he said there is nothing to worry being a Swiss national also my marriage is not a valid marriage and as i am not living in India for so long so i don't have to worry about Indian laws.

Now about marriage photos and witness sign on oath then please let me make you aware even a registered marriage certificates from India are not considered real by our embassy and for this one needs to get special stamps from external affairs ministry and Home ministry to make even a Indian registered marriage certificate valid and here you are talking about validity of photo with affidavit signed by SDM this is something which you can easily get as many from those people sitting under the tree outside the Tiz Hazari court complex.

Yes the India SC can get my address and passport details and then send me summon which i throw in trash and then i wait for Indian CBI to visit me and arrest me from here :)

Please Taj just be pratical and all those CrPc which you have mentioned are not applicable to my case as if a person only gone through a ceremonial marriage for few minutes and not even lived together or consumated or have kids or any other liabilities and this marriage can be annulled or she can get ex-parte divorce and nothing more :) But it was nice try by Taj with his imaginations and fantasy ideas with laws especially so called Indian law :)

@TajobsIndia

Googling and finding information does not make you so smart.To make you clear about Swiss citizenship by declaring wrong marital status cannot revoke my nationality.Also i have to register about the marriage which is valid here and the marriage which is not considered valid here i have not to get them registered here.Also while getting citizenship i had to sign a oath which states if there is any criminal case against me or if i am a terrorist and as i did not have any case agaisnt me so i did not make any wrong statement.

If a India woman shoot a marriage photo and affidavit from SDM given to Swiss Embassy will not revoke my nationality this is only your wild imagination :)

Marital laws are not criminal in nature here and our Embassy will not even bother for such cases and only laugh at them.

I am still waiting to hear from you a single case in which a NRI or foreign national extradited under matrimonial charges especially 498a,125 etc

You are living at safe place and none of these Indian matrimonial laws can touch you.Indian govenment will have to spend $$$$$$$$ but they will fail to get you extradited.

All those CrPC mentioned by Tajobsindia may work if you were living in India as these are mere extortion laws but when you hold a Foreign passport then using these laws they cannot get a single penny.If you are not having any assets in India then sit calm and i bet the chances of you to get even a summon at your address is only 10% for which the other party really need to have to throw away $$$$.

In my knowledge there is not a single case  as of till date in which any Foreign National or NRI got extradited in matrimonial matters.There are some cases in Punjab in which the RPO getting hold of the passport and that too only of NRI Indian passport after long battle.Now if you are in India and even if you are not married Indian police can easily arrest anyone putting any false charges so as long as you are not here in India everything is safe. 

@Querist,

1.Law means Law of the Land.

2.It's true that unless your marriage becomes high-profile(As the case of 16th december), there is no chance for your extradition to INDIA.

3.The Indian court can summon you in such cases(PWDVA and 498A and other family laws) and if you don't appear in criminal cases,the court may Compensate your contempt by forfeituring your property in India and Indian  jurisdiction.

4.It's true that swiss laws will prevail as you are not an Indian Citizen now.But do remember to know all the swiss laws related to marriage.

5.Don't go for the logic behind law.Swiss law may,in time,would seem to you most illogical.e.g. You have created any kind of nuisance to anyone, you will have to pay heavily,no matter if the victim is your wife,your neighbour,your boss,or endless list. Then you will comment "How in the hell they call it a nuisance"!!! you again would get yourself puzzled.You make promise,you break promise.Result in india-Take it lightly but Result in swiss law-A heavy penalty.So you hold the idea to be safe there!

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

@Naveen- i think you dont want to believe the advices that are given to you here so its better you come to India and see practically what challenges you will face here. Once you get entangled then you would believe here.

As regards Tajobs advice these are correct. Dont seek advice if you think that you cannot be trapped under Indian laws and you are immune.

@Naveen- i think you dont want to believe the advices that are given to you here so its better you come to India and see practically what challenges you will face here. Once you get entangled then you would believe here.

As regards Tajobs advice these are correct. Dont seek advice if you think that you cannot be trapped under Indian laws and you are immune.

@Sanjeev

I posted here only to get advice but guys like Taj takes things too personally and without giving any single real judgement about extradtion only beating the bush and pasting Indian law book to show he knows everything but the end result is in all his point answer to my query is missing and that was simple question.

Not living in a domestic relationship for almost 4yrs can one file DV or 498a and if yes anyone ever extradited on matrimonial issues.When there is no domestic relationship and no dowry asked then how come one can say women has right to file 498a and DV ?

I really appreciate answers given by some others as instead of beating the bush they just answer to the point.

If Taj can give me a single judgement in which a person extradited(other than 304B) then i can believe he is talking something worth.

@Sanjeev

what logic was that? to believe your advices why should he come to india? Indian law is f**ked up...thats the bottom line.

I think that if one gentleman has come here for advice or legal opinion then so called lawyers should not threaten him or make offensive remarks about him. This is simple rudeness.

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