My NRI husband dumped me. What can I do?
Ans: If your NRI husband abandoned you in India, then you can file a complaint/FIR U/s 498 A of IPC on grounds of cruelty in the local police station. Just in case, your husband abandoned you in a foreign country then you can approach any authority among the local police station, the Indian Embassy in such a country, the employer of your husband, and local Indian NGOs working for abandoned women.
Can I register an FIR against NRI in India?
Ans: Yes, you can register an FIR as Section 188 of the Cr.P.C. provides that offences committed by the Indian Citizens outside India would be deemed to have been committed within the territory of India.
Can my parents file a complaint against my husband?
Ans: Yes, persons related to wife by blood, marriage, or adoption can file a complaint under Section 498-A of IPC.
What is Section 498-A IPC?
Ans: This Section deals with the cruelty to a woman by her husband and relative of husband. Cruelty may be physical or mental. Abandonment of wives by NRI husbands also comes under this Section.
What is the punishment under Section 498-A IPC?
Ans: Under this Section husband and his relative can be punished for 3 years and a fine can also be imposed on them.
Police officials are not registering my FIR. What should I do?
Ans: You can move written representation to SHO of the concerned police station U/s 154 (3) of Cr.P.C. If he/she refuses to register a complaint, then you can forward the same to the Superintendent of Police (SP) of the concerned district.
What can I do if the Superintendent of Police also refuses to take action?
Ans: You can file a criminal complaint before the Magistrate U/s 156 (3) of Cr.P.C. The Magistrate can order investigation U/s 190 of Cr.P.C. on the basis of a criminal complaint filed by you.
What to do if you are dissatisfied with the police investigation?
Ans: You can move the protest petition before the Magistrate on the filling of the challan by the police if you are not satisfied with the same. That protest petition is treated as complaint U/s 190 of Cr.P.C. before the court.
Can I seek any remedy from the High Court if the police officials are not taking any action?
Ans: Yes, you can approach the concerned High Court U/s 482 of Cr.P.C. for directing the police officials to take action on your grievous. The High Court on the satisfaction of the truth of the facts may direct the police officials to take action.
My NRI husband is not responding to the summons, what can I do?
Ans: You can move an application U/s 10 of the Passport Act, for impounding the passport of your husband at the concerned Regional Passport Office (RPO). They will send a show-cause notice to the husband, and if the husband fails to respond to the show cause, the passport will get suspended.
What documents do I need to make an application at the RPO office?
Ans: Marriage certificate, Copy of FIR, and documents related to details of husband’s name, DOB, and address are required to make such application.
I got registered a case U/s 498A IPC against my husband but my husband is evading his arrest. What procedure police can follow in this case?
Ans: The police can issue Look-out-Circular (LOC). The investigation officer shall make a written request to the concerned officer for LOC. The LOC is issued when accused person even on the issuance of a non-bailable warrant escape his/her arrest and there is a chance that he/she may leave the country.
I have filed a complaint U/s 498A IPC, but my in-laws have thrown me out of the house. What should I do?
Ans: You can file an application to Judicial Magistrate under Domestic Violence Act and the court will grant an order of residence.
Can my accused husband be deported to face trial in India?
Ans: Usually the foreign countries denied the request for deportation because the matrimonial, private family matters are not in conformity with the law of extradition.
Is registration of marriage compulsory in India?
Ans: Some states like Andhra Pradesh, Delhi, Goa, Gujarat, Himachal Pradesh, Karnataka, and Maharashtra provide the compulsory registration of marriage. In other states registration of marriage is optional. But it is advisable to register your marriage before you/your spouse leaves the country.
Associate at Aggarwals & Associates, S.A.S. Nagar, Mohali