Daily Archives: September 12, 2012

Catch the men ! cancel their passports … why did they marry ??? and IF married why did they go abroad ????

Wed, Sep 12, 2012 | Updated 06:36PM IST

Passport act to the rescue of brides duped by fraud NRI husbands

Dailybhaskar.com | Sep 10, 2012, 17:38PM IST

Chandigarh: NRI marriage fraud is a grief too-many Punjabi families suffer as there are around 30,000 married women in Punjab who are ditched by their Non-Resident Indian husbands.What is more alarming is that out of those 30,000 deserted women, nearly 15,000 women hail from Punjab’s Doaba region alone mainly in districts: Kapurthala, Jalandhar, Hoshiarpur and SBS Nagar. Armed with a passport and a plane ticket, unscrupulous men and their families exploit the value of a green card or foreign work permit to extort exorbitant dowries from their brides. They marry and then flee.
According to National Commission for Women and the Ministry of Women and Child Development, the Passport Office has started impounding passports of NRI grooms who have deserted their wives.
For the first time in India, Passport Act has been implemented to help deserted brides with over two dozen passports of NRIs already impounded by Passport Office. A women grievance section with helpline has also been floated where deserted brides can register their complaints.
Observing the Section 10 (3) of the Passport Act, at least 50 NRIs have been issued show-cause notices before the Passport Office finally impound their passports.
According to Section 10 (3) of the Passport Act, “The regional passport officer or the issuing authority can suspend or impound the passports of such offenders in public interest after issuing a show-cause notice.”
According to Jalandhar Passport Office, the provision is proving helpful as impounding works both inside and outside the country as once the passport is impounded, one can not travel using that passport. In case if the person is in India, it would not be possible for that person to fly unless he settles his marital discord legally or mutually.
The dollar fascination with NRIs and obsession with foreign countries are high in Punjab despite the fact that NRI marriage fraud is increasing day by day in Punjab.
There are suggestions to simply the procedure for quick issuance of visa by foreign missions in India to any deserted woman to enable her to contest the proceedings filed by her NRI husband in a foreign land. Many NRIs have already been declared proclaimed offenders after they didn’t respond to show-cause notice issued by Passport Office.

source

Qatar Based Goan NRI father in custody mess !! poor chap seems to be running around !! :-(

“…The court had earlier directed Mr Fernandes to deposit the passports of the three kids, which are now in the custody of the Registrar of the High Court…….”

 

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Bombay HC Grants Qatar based Goan NRI brief custody of her 3 kids

9/10/2012

10.9.2012 (UNI) The Bombay High Court at Goa today granted Qatar-based Goan NRI Precyla Baretto ten days temporary custody of her three minor boys who were abducted in Qatar by her former husband Collin Fernandes and brought to Goa.

Accepting the plea of Ms Barreto, a division bench of Justices S A Bobde and Justice U V Bakre allowed her to have the kids custody from September 20-30 by collecting them from the residence of her former husband at Mapusa.

The court appointed Advocate R G Ramani as mediator and asked him to submit his report within two weeks, after which the court will take up for final hearing the petition filed by Ms Barreto seeking permanent custody of her three abducted kids.

The court had earlier directed Mr Fernandes to deposit the passports of the three kids, which are now in the custody of the Registrar of the High Court.

The court gave this direction after Advocate Aires Rodrigues, appearing on behalf of Ms Baretto, expressed apprehension that Mr Fernandes might move the kids out of Goa to deny his client their custody.

Having been married in Qatar, Ms Baretto was on January 30 this year granted divorce from her husband by a Qatari court, after them being separated for over five years. The court in its judgment also gave Ms Baretto the sole legal custody of the three children.

The three boys (aged 5, 8 and 9), after being abducted in Qatar on June 12 by Mr Fernandes and brought to Goa. He admitted them to the Bloomingdale primary school at Mapusa, without submitting a leaving certificate from the school in Qatar.

The Department of Education has already ordered a probe against the said school for admitting these kids without an original leaving certificate from the Qatar school.

The court had earlier issued a notice to Collin’s brother, Austin Fernandes, in whose custody the kids were and also directed the Mapusa Police to ensure that the three boys do not leave Goa till the disposition of the case.

Accordingly, the Mapusa Police have been maintaining a strict vigil on the movements of the three boys who are currently staying at Mapusa with Collin’s family.

Ms Baretto moved the High Court after the authorities in Goa failed to rescue her three children from the custody of her estranged husband. UNI

source
http://www.indlawnews.com/Newsdisplay.aspx?1e12e0c7-c3ee-4021-b6c8-7f1936838aed

Enact separate …

Enact separate law on marriages with NRIs: Parliamentary panel

Aarti Dhar

Expressing concern over the rising incidence of fraudulent marriages of Indian girls with non-resident Indian (NRI) men, a Parliamentary Standing Committee has recommended that the government enact a comprehensive legislation or suitably amend existing laws for the protection of women against malicious NRI marriages.

In its report on “Problems relating to Overseas Indian Marriages: Scheme for providing Legal/Financial Assistance/ Rehabilitation to Indian Women deserted by their Overseas Indian Spouses”, the Parliamentary Standing Committee on External Affairs has said that a special NRI matrimonial law that deals comprehensively with marriage, divorce, maintenance, child custody and related issues would provide the distressed and abandoned brides with much needed remedial armour.

Tabled in Parliament on Tuesday, the report said amending current laws and introducing new rules and regulations would help victims of NRI marriages reclaim their fundamental rights to property, equality in marriage, protection of family, freedom from inhuman or degrading treatment and above all, dignity.

The Committee has said that more reciprocal bilateral treaties, especially with countries with a large number of Indians who continue to be not covered for automatic enforcement of foreign decrees, may be worked out.

It observed that a few States facing problems of NRI marriages have made the registration of marriages compulsory and the government has also introduced the Registration of Births and Deaths (Amendment) Bill 2012, in the Rajya Sabha.

The Amendment Bill provides for compulsory registration of marriages without affecting in any manner the State law making provisions for compulsory registration of marriage in their respective States. “The Committee, however, have desired that certificates of NRI marriages issued by the States or under the proposed Act must include the security number of the foreign home of the NRI husband along with the passport number and relevant details in brief.”

To make it more effective, the photocopy of the valid passport of the NRI husband should be pasted in the marriage register maintained with the authorities before marriage certificate is actually issued to the parties. Pasting of mandatory certificate of marriage on the wife’s passport may certainly provide documentary evidence and proof of her marriage, on being abandoned. The report also suggests that no NRI marriages should be registered without the presence of bride and the bridegroom.

The panel has found that in the name of complexity of the matter and involvement of international protocol and jurisdiction issues and role of State Governments, the Ministries/organization of the Central Government have not paid the desired attention to develop a system to support the abandoned women. The Committee felt that providing legal, financial and other required assistance to the victims and the sensitization of various authorities in foreign land as well as local authorities particularly the police are very vital in such situation.

“………I’m not allowed to use the water pump. My daughter is not allowed inside the garden for cycling…….” : Tales of poor Indian women duped by NRI !!

“……..I’m not allowed to put my clothes on the wire for drying,” Kaur said. “I’m not allowed to use the water pump. My daughter is not allowed inside the garden for cycling. I’m not allowed to wash my clothes in the washing machine — which has been given by my parents!………..”

Kaur claims that she is one of thousands of women in Punjab who have fallen victim to such marriage scams.

Probably that is why the government wants to have separate laws to govern NRI marriages !!

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In India, tales of fraud and marriage

Jason Overdorf | GlobalPost.com | Sep 09, 2012

Alaska News & Features

Seated in the regional passport office in Jalandhar, a provincial city at the heart of India’s breadbasket, 39-year-old Sarabjit Kaur tells a harrowing story.

For more than a decade, she has endured a miserable sham marriage. Soon after she married, her husband fled to the UK. To force her parents to pay an illegal dowry, her in-laws have allegedly beaten her, forced her to do menial chores, denied her food, and cut off the electricity to her room.

At first, Kaur’s in-laws refused to acknowledge the birth of their granddaughter at all. Today, having nominally disowned their son, they force Kaur and her daughter, now 10, to live as unwelcome guests in a tiny room, sequestered from the rest of the house.

“I’m not allowed to put my clothes on the wire for drying,” Kaur said. “I’m not allowed to use the water pump. My daughter is not allowed inside the garden for cycling. I’m not allowed to wash my clothes in the washing machine — which has been given by my parents!”

Kaur is one of thousands of women in Punjab who have fallen victim to such marriage scams.

Armed with a passport and a plane ticket, unscrupulous men and their families exploit the value of a green card or foreign work permit to extort exorbitant dowries from their brides. They marry and then flee.

They may take on second wives to obtain a virtual slave. Or they may simply make a trip to India for a so-called “holiday marriage” — complete with a big party, lavish gifts, and a week of free sex.

According to India’s National Commission for Women, as many as 20,000 brides have not even seen their husbands since their supposed honeymoon.

Recently, however, these women have received a lifeline from an unlikely hero: Passport officer Parneet Singh.

Using an obscure footnote in Indian law, Singh has begun canceling the passports of runaway husbands — forcing them to face the music or go into hiding abroad as illegal aliens. And it’s already working.

“We have been able to solve about 60 or 70 cases with this experiment,” said Singh.

For decades, the Doaba region of the Punjab — the fertile lands between the Beas and Sutlej rivers — has been known for offering its daughters in marriage to “non-resident Indians” or “NRIs” working in Canada, the UK and the US. Fraud seems nearly as common as love in these arranged unions.

“We have a real problem here in our region. There are 30,000 women [with problem NRI marriages] in Punjab,” said Singh. “NRIs come here, they marry those innocent girls, and they leave for abroad. The girls are mostly from poor backgrounds, and the guys are rich. When they leave this country, they are not bothered. And the girls are left to their fate.”

Out of those 30,000, Singh says some 15,000 come from his region, which comprises four districts: Kapurthala, Jalandhar, Hoshiarpur and SBS Nagar.

For women like Kaur, who is still fighting in court to force her husband to take financial responsibility for their daughter, there was virtually nowhere to go for help. Due to the low status afforded to women in most Indian communities, the police generally side with the husband’s family.

India’s courts are notoriously slow, and extradition from the US or Canada for murder — much less a marital dispute — is virtually out of the question. And the social stigma associated with being divorced, or even returning home to live with their parents, leaves many women with no choice but to endure.

As Officer Singh discovered, however, where the NRIs’ ability to run for foreign shores helped husbands to cheat with impunity, unless they’d been granted foreign citizenship, their freedom and their livelihood depended on their ability to get and maintain a valid Indian passport.

“When the passport is canceled, what are the problems they have? First, if they are in this country, they’ll not be able to leave,” Singh said. “Second, if people come to visit their relatives here in India, when they land at the airport their passport is taken by the immigration authorities. Third, suppose a person is staying in Chicago. His passport gets expired. If we have already canceled this passport, he will not be able to get it renewed. He has two choices: either to stay illegally in that country or to come back.”

For most men, that creates a huge incentive to resolve their marital disputes as swiftly as possible.

Navdeep, a 29-year-old doctor from Jalandhar, had been married to a marine engineer for nine months before he and his family started to insult her and demand money — even going so far as to throw her from a speeding car and attempt to strangle her on two separate occasions.

“This is not a good country for women,” Navdeep told GlobalPost in Singh’s office. “You can beat her like an animal, and she won’t be able to do anything.”

Today, Navdeep is divorced. But that’s thanks to Singh’s passport office, rather than the court system.

“If a husband [involved in a dowry or divorce case] holds a passport with a foreign visa, he’s supposed to surrender it in court,” Navdeep said. “But none of the courts, not the high court, not the civil court, asked him to surrender his passport.”

Her husband was on his way out of the country when Navdeep rushed to Singh’s office to lodge a complaint that he was trying to flee from a merchant ship leaving one of India’s dozens of ports. Soon, though, he was back in Jalandhar.

“Because his passport was impounded, I got justice,” said Navdeep. “I got divorced.”

Kaur’s husband is still abroad. But she’s confident that Singh’s move to cancel the man’s passport has turned the tide in her fight, too. Because of Singh, her husband has not been able to renew his visa, so he has been living illegally in the UK since 2010 — unable to work as a university professor.

And just the day before she met with GlobalPost, she won a court judgment saying that she had the right to live in the matrimonial home, regardless of whether the deed says it belongs to her husband or to his parents.

She believes that a financial settlement for her daughter can’t be far down the road.

“Parneet Singh has totally changed the scenario of the case,” Kaur said. “I was begging shelter and maintenance for me and my daughter. Now, they are begging in front of me — ‘Please, do not do this to our son.’”

source
http://www.alaskadispatch.com/article/india-tales-fraud-and-marriage?page=full

Hindu Marriage Act not applicable to NRIs: HC

Hindu Marriage Act not applicable to NRIs: HC

Shibu Thomas, TNN Mar 6, 2010, 03.10am IST

MUMBAI: A desire to get married the traditional way attracts young non-resident Indian couples to tie the knot in India, but the Hindu Marriage Act (HMA) may not be applicable to them if they are domicile of a foreign country. The Bombay high court has said that the HMA cannot apply to an estranged couple who were domiciled in the US.

Justice Roshan Dalvi quashed an order of the Pune family court which had said Indian courts would have jurisdiction to hear a divorce case even if the couple had resided for a single day in the city when they came to India for a holiday.

The court was hearing a petition filed by Michigan-based Smita Muley who had got a divorce from a US court. Her husband Suhas Muley came back to India and filed another divorce petition in a Pune court.

“The man cannot confer jurisdiction on the court of Pune where the couple never stayed together for any length of time in their own matrimonial home (India), they having had their matrimonial home in the US,” said the judge. “The HMA itself does not apply to the couple conse-qu-ent upon their domicile in the US and also because the rights between the parties have been settled by a judgment conclusive between them.”

The Pune court had said it had jurisdiction to hear the case based on Suhas’s claim that they had spent a night in his parents’ house in Aundh, Pune, in January 2008.

“The order of the family court, Pune, concluding that the parties last resided together in Pune and even though their residence is for a single day, it would give the court jurisdiction, suffers from material irregularity and is required to be interfered with.”

In the HC, Suhas produced documents as proof that he was domiciled in India: copy of his ration card issued in 2001, his driving licence obtained in 1999, a 1995 voter identity card and passport with validity up to 2019.

But the court was not satisfied. “None of these documents shows his intention to reside in India permanently; his Green Card shows he intends to stay in the US,” said the judge, adding, “It is easy to see that both the parties have had the intention of making the US their permanent home even prior to their marriage. Since their parents reside in India, they came to India to be married as per Hindu rites.”

The court said Suhas could challenge the US court’s divorce order of January 2009 in that country.

(Names of the couple changed)