Hello, me and my ex wife married in Australia 6 years ago. Divorced in Australia 10 months ago. My ex wife went to India around the same time and lodged complaint of Dowry against me and family who are Indian residents. Complaint states incidents which took place while our brief visit to India(to celebrate our wedding as per Hindu rituals) in end of 2021. I have re-married in India and got Indian marriage certificate. Me and my ex wife are Australian citizens, however complaint includes my parents and they are in India, Gujarat. Recently they lodged the complaint with criminal court in Nabha, Punjab. We have received latter to present at the court. What are my rights and what should be the next step on my side. Your suggestions welcome.
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Your parents should file petition in HC for quashing the FIR lodged against them
2) you should apply for and obtain Anticipatory bail from sessions court
3) wait for filing of charge sheet then take a call whether to apply for quashing or discharge before trial court
Dear Client,
Although an international marriage cannot be legally registered in Australia, it will typically be accepted if: It is recognised by the laws of the nation in which the marriage was consummated. Everybody involved is at least eighteen years old. At the time of marriage, neither partner is already married to someone else. The Dowry Prohibition Act, 1961, is Indian law prohibits the giving or receiving of dowry. The act primarily applies to Indian citizens and events occurring within the territorial jurisdiction of India. Foreign citizens are generally not subject to the Dowry Prohibition Act unless the events related to dowry occur within the jurisdiction of India. Ensure that you respond to the court summons within the specified timeframe. Failing to appear in court could have negative consequences. Collect any evidence that may refute the claims made in the dowry complaint. This could include communication records, photographs, or any other relevant documentation that supports your case.
You can appoint a lawyer and represent through him in said court. She is trying to file false case and harass you.
Sir,
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If a criminal complaint has been registered through a FIR, then you may better consult an advocate and obtain anticipatory bail for all and then challenge the same in the trial proceedings or can file a quash petition before high court on the basis of the documentary evidences on yor side, especially the divorce documents for the divorce obtained in Australia
1. Citizenship is no defence to save from this case.
2. if case is registered then you will have to contest it on merit.
3. if any criminal case is initiated and apparently it has snot disclosed any offence then quashing in high court is an option.
The summoned persons should be present at the next hearing date in the Punjab Court. However, depending on the allegations, facts and circumstances, you can file for the quashing of the Fir/complaint in the High Court
- If the said divorce was granted by the Australian court on the ground of mutual consent , then it is valid in India
- Further, if you have entered into an agreement /MOU before divorce , and if there is mentioned that she will have no right to claim from you whatsoever , and she will not file any case in any part of the country's , then you can produce the said documents before the Indian court
- Further, if your parents were not living under same roof with you both , then your parents can approach the High court for quashing the FIR/case.
Dear Querist
You may apply for anticipatory bail under section 438 of Cr.P.C. before the district court Nabha Punjab and fight the case on merit.
No need to worry, you will get it easily and after that you may appear before the court through video conferrencing and your personal appearance shall be required only once the charge will framed if any. during that period it may also be possible that the matter be settled between you and her.
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