to be punished under domestic law for marital fraud committed abroad

Question

to be punished under domestic law for marital fraud committed abroad

29-Mar-2024 (In Criminal Law)

An Indian man concealed his marital status and had a sexual relationship for 9 months with a Korean woman in Korea under the premise of marriage. After traveling to India, the Korean woman discovered that her boyfriend was married. The man admitted all facts. 1.If a criminal lawsuit is filed, does the victim need to be in India? 2. How long does it take from filing a lawsuit to receiving a prison sentence? 3. What actions can be taken if the other party is not in India and Korea?

Answers (5)

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Adv. Mukesh Kumar Sah Adv. Mukesh Kumar Sah

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Advocate Jitender Singh LawRato · Accepted Answer · 2024-03-30T08:31:01+05:30

Answer #2

The matrimonial lawsuit can be filed in both the places because that man had done the offences at both places. Since he had developed a sexual relationship with another girl attracts a ground for divorce and the other girl can also book him under the rape charges. He will be summoned by the court to set up his defence.

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Advocate D. Khan LawRato · Accepted Answer · 2024-03-30T10:49:35+05:30

Answer #3

This is the case of breach of trust and rape u/s 406, 376 etc. You need to hire expert advocate to get this complaint drafted to cover up all the loophole. This a non-Bailable offence. Even if he is not in India or Korea, he is an Indian national n must have Indian address & passport. Sooner or the later police will catch him & there are many ways n even red corner notice can also be initiated if he is staying in any third country ! Plz b in touch

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Advocate Rishabh Gupta LawRato · Accepted Answer · 2024-03-30T12:37:23+05:30

Answer #4

The presence of victims is necessary in India only for the filling of FIR on later stage victim can visit India on important dates. It hardly takes a one month to file a lawsuit and get custody of that person. Sec 83 crpc can be involed

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Advocate Priya LawRato · Accepted Answer · 2024-04-03T17:43:36+05:30

Answer #5

criminal law suit can be filed in India as the guy is Indian citizen , law follows the citizens where the crime is committed in India or outside India . at the time of filing the suit Korean woman can be exempted to be present in India but it's the discretion of the court , court can call the victim whenever it feels that the victim needs to be present before the court of law in order to meet the justice .

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Adv. Priya Adv. Priya

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