Regarding NRI marriage fraud and demand

684 votes

As a matter of fact and right both your in laws must be called if allegations have been put by you against them Summons shall duly be issued by them, if the same is not being done then definitely the authorities are in the wrong and once the case reaches The Court legal actions may be taken.

Advocate Shambhavi Sharma LawRato

916 votes

Merely naming your husband's parents and sister in the complaint does not automatically require the Women Cell to call them. The Investigating Officer has discretion to decide whom to summon during the inquiry based on the allegations and available material. If the IO is exempting them solely on the ground of age or medical condition, you may request that such exemption be supported by genuine medical records. If you believe the investigation is not being conducted fairly, you may submit a written representation to the senior police officer or seek appropriate directions from the competent court through your advocate. Carry all evidence supporting your allegations against the family members.

Advocate Adarsh Kumar LawRato

746 votes

Ma'am, your in-laws being old aged and having medical problems is not a sufficient cause for them not to be investigated. It is quite possible that the IO will not implicate them in the FIR in the first place, which you will come to know about only after the registration of FIR, which is a time taking and a slow process. What you really need to do is file a petition before the concerned magistrate for registration of the FIR and also take orders for the day to day monitoring of the ongoing investigation by the police. This way, your in-laws will not only be implicated in the FIR but will be called for questioning by the concerned IO.

Advocate Puneet Srivastava LawRato

750 votes

the police is absolutely correct insteading that the parents and the sister of your husband cannot be called to court the specially the parents since they are senior citizens. in the case of the parents and the sister the police can go and take their statement

Advocate Kunal Seth LawRato

601 votes

If your husband has authorized someone through a Special Power of Attorney (SPA), that person can generally appear on his behalf in proceedings where the law permits such representation. That, by itself, does not determine whether other family members will be summoned. Merely naming your husband's parents and sister in your complaint does not automatically require the police to call them or treat them as accused. The Investigating Officer must first find sufficient material indicating their involvement. If such material exists, they can be questioned or proceeded against in accordance with law. Regarding the IO's statement that they are senior citizens, age alone does not provide immunity from investigation. However, the police may take their age and health into account while deciding the manner of investigation. If exemption from appearance is sought specifically on medical grounds, the authorities or the court may require appropriate medical records or a valid medical certificate, depending on the circumstances. If you believe the investigation is not being conducted fairly or that relevant persons are deliberately not being examined despite evidence, you may submit a detailed written representation to the senior police officers or seek appropriate directions from the competent court. If you let me know the State, the Women Cell/Police Station, and whether this is a complaint under Section 85 of the Bharatiya Nyaya Sanhita (formerly Section 498A IPC) or another provision, I can provide more specific guidance.

Advocate Prasanna Mohan LawRato