As on date there is no warrant issued against you nor any LOC issued against you
2) you are at liberty to travel to India
3) in DV case your passport would not be impounded
4) comply with orders if any passed
Regarding False DV case
Hi Currently I am outside India ,in another few days I will be traveling to India, I have been married for more than 10 years currently going through strained relationships with my spouse. My question are 1) Is it possible for my spouse to file false dv case against me n get my passport impounded? Since I heard that after 7 years 498 A doesn't hold the ground effectively 2) is it advisable for me to visit India ? Since my in-laws are calling me to have discussion there Thanks
Asked 1 year ago in Family Law
Religion: Hindu
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12 Answers
1. The court or police don't have powers to impound the passport.
In case of any pending criminal case, the procedures have to be followed as per law.
2. You exercise abundant caution before meeting them so that you don't get trapped.
apply for anticipatory bail. 7 years limitation is for dowry death and not domestic violence. But 498a wont be effective 10 years of marriage.
1. DV case is a civil nature case and hence no warrant can be issued against the opposite party , and hence your passport cannot be impounded under the DV Act.
- However, if she lodged an FIR under section 498A , then there is chances of impounding the passport due to non-appearance before the Court or not assisting in the police investigation.
2. Yes, you can visit India, if there is no FIR lodged against you
- Further, even there is an FIR , then also you cannot be denied to travel abroad .
Dear client,
Sorry to hear about your situation,
- The Protection of Women from Domestic Violence Act (PWDVA) in India permits anyone to apply for protection orders; however, unfounded allegations may be legally refuted. Legal action is usually necessary for passport impoundment, and you should have legal protection for your rights.
- Seek legal advice to fully understand the potential consequences before making the decision to travel to India. Family talks can be sensitive, and depending on your situation, a lawyer can advise you on the best course of action.
Hope this helps you.
1. Yes, possibility cannot be ruled out. However, it is incorrect that after 7 years 498 A cannot be effective. Your understanding is incorrect.
2. Yes, get the matter settled amicable. If you apprehends then you can check the status of cases against you and can negotiate through common friends or attorney also.
She can file false case but cannot impound passport on false grounds
Hi , Currently me n my spouse both in Canada for more than a year, but we got married in India, and have below queries 1) where we should file India or Canada ? 2) is divorce happened in Canada is valid in India? 3 ) if it happens in India,do I need to visit India (since I can't visit) to represent my case ? I know some family members can represent,but let's say if any family member are not interested or can any lawyer represent or through video call can I attend /represent my self ?
Asked 11 months ago
If the marriage was solemnized in India then you can file the divorce case in India.
The divorce decree passed by a Canadian court, if not in accordance with the Indian law then it may not be legally valid in India.
You either can be present in person to conduct the case or can appoint a GPA to take care of your case during your absence before court.
If divorce is by mutual consent then file for divorce in Canada
2) if wife does not want divorce file for divorce in india on grounds recognised by HMA
3) if you file for contested divorce in Canada wife can object to jurisdiction as marriage solemnised in india and divorce should be on grounds recognised by HMA
4) I presume both parties are Hindus
5) you can execute POA in favour of family member to appear on your behalf
6) your personal presence would be necessary during trial to give evidence
You can appoint a lawyer in India to attend the case
- If you both wanted to end the marriage , then you can file a joint petition for divorce on mutual consent ground in Canada as well , and the said decree of divorce will be valid in India
- As per law, a Mutual Consent Divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of CPC and also on account of comity of Nations.
- Further, if the matter is contested between parties in US Court, and after due adjudication and trial, divorce is granted, then it will be valid and binding in India.
Dear Client,
An individual may file an application in a Canadian province where they have been "habitually resident" for a minimum of one year before to the start of the divorce proceedings, as per the Divorce Act of Canada. This is true independent of the location of the other spouse's residence or the place of marriage. The Canadian Court issues an ex-parte divorce certificate. A marriage that is solemnized in India must be dissolved in India, according Indian law. Such documents can only be attested by the Consulate if both parties are citizens of Canada. According to Indian law, a divorce granted by a foreign court in front of both parties is enforceable in India. It indicates that a divorce granted based on a joint petition filed by both parties and on amicable reasons is lawful in India.