38. Canadian OCI Holder in India divorced by husband - Harassment Charge Question: Hello,  I am a Canadian citizen holding an OCI. I came here a few months back on a visit. My (ex) husband divorced me here. I want to know can I file a case of harassment in an Indian court since I am an OCI born & raised in India. Does the Indian court have jurisdiction since the harassment happened here in India. or do I have to go back (which I can not afford) to get justice? Please answer directly to my email if possible, if not, I'll keep checking your web site. Thanks Answer: Regardless of citizenship, any crimes committed in India are subject to Indian laws and all foreigners can be prosecuted. If harassment occurred in India you can file a case there. India and Canada signed an extradition treaty February 6, 1987 so courts if they decide can seek extradition of a foreigner to face the law. There are several things you can do depending on the circumstances of your case. 1. If dowry harassment was involved you can file charges under section 498A of the Indian Penal Code. This could have grave consequences for your husband and his family. Even if he has left for Canada he could find himself in trouble. 2. The Ministry of Overseas Indian Affairs also offers help to Indian women. They offer a scheme where they claim to provide some financial assistance to needy women in distress who have been deserted by their overseas Indian spouses for obtaining counseling and legal services.  The term Overseas Indian would include NRIs and foreign citizens of Indian origin. The counseling and legal services would be provided through credible Indian Women’s Organizations/Indian Community Associations and NGOs identified for providing such services and empaneled with the Indian Missions in the USA, the UK, Canada, Australia, New Zealand and the Gulf. The scheme is a welfare measure to support women of Indian origin in distress, through the mobilization of the local Indian community in the endeavor and with some financial assistance from the Government. To learn more about this click here  to visit the Ministry of Overseas Indians site. 3. You may want to check with a lawyer and get advice on how to proceed. However think this over carefully. You may be able to reach an amicable settlement with your husband without filling charges so do give this a try before using severe options. If you decide to speak to a lawyer take care on who you hire. Sometimes lawyers will take money from both parties and keep asking for money. If you hire a lawyer, do so with an understanding of what exactly he or she will do, the time frame involved and set the full fee before hiring the lawyer and get everything in writing. 4. You could contact the Canadian Consulate if you need financial help to get back to Canada. If you were sponsored by your husband to Canada he may have financial obligations. He may also be liable for support payments depending on your circumstances. I have no idea of the situation surrounding your divorce or how long you had been married. However I would like to suggest that you not let anger or spite take over and proceed with caution on whatever route you intend to take. Decisions taken in anger are usually decisions people regret later. Think calmly and look at the future with hope. Good luck and may God bless you. 
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Disclaimer: Information provided is for general knowledge only and should not be deemed to be professional advice. For professional advice kindly consult a professional accountant, immigration advisor or the Indian consulate. Rules and regulations do change from time to time. Please note that in case of any variation between what has been stated on this website and the relevant Act, Rules, Regulations, Policy Statements etc. the latter shall prevail. © Copyright 2006 Nriinformation.com
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38. Canadian OCI Holder in India divorced by husband - Harassment Charge Question: Hello,  I am a Canadian citizen holding an OCI. I came here a few months back on a visit. My (ex) husband divorced me here. I want to know can I file a case of harassment in an Indian court since I am an OCI born & raised in India. Does the Indian court have jurisdiction since the harassment happened here in India. or do I have to go back (which I can not afford) to get justice? Please answer directly to my email if possible, if not, I'll keep checking your web site. Thanks Answer: Regardless of citizenship, any crimes committed in India are subject to Indian laws and all foreigners can be prosecuted. If harassment occurred in India you can file a case there. India and Canada signed an extradition treaty February 6, 1987 so courts if they decide can seek extradition of a foreigner to face the law. There are several things you can do depending on the circumstances of your case. 1. If dowry harassment was involved you can file charges under section 498A of the Indian Penal Code. This could have grave consequences for your husband and his family. Even if he has left for Canada he could find himself in trouble. 2. The Ministry of Overseas Indian Affairs also offers help to Indian women. They offer a scheme where they claim to provide some financial assistance to needy women in distress who have been deserted by their overseas Indian spouses for obtaining counseling and legal services.  The term Overseas Indian would include NRIs and foreign citizens of Indian origin. The counseling and legal services would be provided through credible Indian Women’s Organizations/Indian Community Associations and NGOs identified for providing such services and empaneled with the Indian Missions in the USA, the UK, Canada, Australia, New Zealand and the Gulf. The scheme is a welfare measure to support women of Indian origin in distress, through the mobilization of the local Indian community in the endeavor and with some financial assistance from the Government. To learn more about this click here  to visit the Ministry of Overseas Indians site. 3. You may want to check with a lawyer and get advice on how to proceed. However think this over carefully. You may be able to reach an amicable settlement with your husband without filling charges so do give this a try before using severe options. If you decide to speak to a lawyer take care on who you hire. Sometimes lawyers will take money from both parties and keep asking for money. If you hire a lawyer, do so with an understanding of what exactly he or she will do, the time frame involved and set the full fee before hiring the lawyer and get everything in writing. 4. You could contact the Canadian Consulate if you need financial help to get back to Canada. If you were sponsored by your husband to Canada he may have financial obligations. He may also be liable for support payments depending on your circumstances. I have no idea of the situation surrounding your divorce or how long you had been married. However I would like to suggest that you not let anger or spite take over and proceed with caution on whatever route you intend to take. Decisions taken in anger are usually decisions people regret later. Think calmly and look at the future with hope. Good luck and may God bless you. 
N
RI Information
Informing  educating and connecting Indians across the globe by Virendar Chand
Disclaimer: Information provided is for general knowledge only and should not be deemed to be professional advice. For professional advice kindly consult a professional accountant, immigration advisor or the Indian consulate. Rules and regulations do change from time to time. Please note that in case of any variation between what has been stated on this website and the relevant Act, Rules, Regulations, Policy Statements etc. the latter shall prevail. © Copyright 2006 Nriinformation.com
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