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Regarding NRI marriage fraud and demand
22-Jul-2026 (In Divorce Law)
Hello,
My case is in women cell yet. My husband (NRI) has sent SPA authority letter due to which one of his relatives are attending the hearings on behalf of Him. I want to know that in complaint I have listed the names of his parents and his sister as conspirators(accused) then why his parents and sister are not being called yet for the hearing. The IO told me that we cannot call the senior citizens: if they are not medically fit then shouldnot they show their medical fitness certificate?
Greetings. Query perused. Would advice you to seek a detailed legal consultation from a lawyer having expertise in matrimonial laws. Do brief him about the facts and get the complainy legally perused to enable him to tender his considered opinion.
Helpful?
Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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The Women Cell proceedings are only an inquiry, not a court hearing. Merely naming the parents and sister does not automatically require their attendance; the IO will call them if specific allegations and evidence exist. Senior citizens have no complete exemption—they may be examined at home. Medical proof can be sought if illness is claimed. An SPA may be accepted for limited representation.
Helpful?
Adv. Nikhil Karwal
Delhi | 25+ Answers
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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.
Helpful?
Adv. Adarsh Kumar
Delhi | 400+ Answers
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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.
Helpful?
Adv. Puneet Srivastava
Delhi | 700+ Answers
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File criminal complaint of Domestic Violence in the Mahila Court they will issue summons when u point out how case is made out against them and husband is not in India and you can approach the External Affairs Ministry to revoke his passport too and sent a copy to him too your case will become more stronger
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Adv. Madhu Tyagi
Delhi | 200+ Answers
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