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Sonu N   09 February 2024

Stalking allegations - australia

I am going through a divorce and there are 3 open cases
1) Petition For DIvorce Under Sec10(1)(ix) of Indian Divorce Act of 1869
2) G & WC under Section 7,9 and 25 of the G and WC Act (This one I filed to get access to my children now aged 16 and 8)
3) Crl.Misc under Domestic Violence Act Seciton12

While all this was going on, I got to know that my wife left the country without informing me or the court. 
I have an expiring Permanent Resident Visa to Australia and planned to leave the country since she had already left and I was told she had left to Canada.
After I resigned from my company I got to know from a mutual friend that she had actually not left for Canada but had gone to Australia a few months ago.
I was later advised not to go to Australia looking for a job because she could then file cases against me for alleged stalking and harassment, which could tie me up legally and cost me a lot of money.
Does my going to Australia put me at risk legally? Can she end up filing cases against me in that country and would it swamp my time and finances?



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     09 February 2024

Stalking offence means:

Any man who-

-(i) follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or.

(ii) monitors the use by a woman of the internet, email or any other form of electronic communication, commits the offence of stalking:
Provided that such conduct shall not amount to stalking if the man who pursued it proves that--
(i) it was pursued for the purpose of preventing or detecting crime and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State; or
(ii) it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or
(iii) in the particular circumstances such conduct was reasonable and justified.

 

You ahve stated to visit Australia for renewing your PR status and you do not know where she had gone or where she is living  or whether she is living in Australia or elshewhere, if in Australia, where?

Therefore you do not stretch your imagination in this regard and be free from such stress.

She cannot lodge any complaint against you without having any reasonable reason to hold you liable for the said offences.

The descripttion of law has been given above, which would throw light to your issues. 

Sanskriti Tiwari   09 February 2024

I think respected T. Kalaiselvan sir has already given an exhaustive reply. Howecer, you have to keep in mind that if you have an ongoing divorce and family-related cases in India, abruptly moving to Australia might complicate matters. While laws vary, jurisdictional issues can arise when legal proceedings span multiple countries. Your actions could potentially be interpreted as an attempt to evade or complicate the legal process.

In some cases, international agreements like the Hague Convention may govern child custody matters, emphasizing the child's best interests. Moreover, Australian courts may consider your actions in light of the family law principles.

 


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