Tag Archives: NRI wifes

10 % NRI marriages troubled. Is it easier 2 MILK NRI threatening them of arrest etc ?

More NRI brides file dowry cases

DECCAN CHRONICLE. | DEEPAK PINTO
Published Jun 19, 2016, 1:07 am IST
Updated Jun 19, 2016, 7:46 am IST
10 per cent of NRI marriages troubled, cops attribute this to lack of background checks, cultural problems.
The education of the girl, caste and employment status also affect the amount of dowry demanded.

 The education of the girl, caste and employment status also affect the amount of dowry demanded.

 

Hyderabad: More cases of dowry harassment involving NRI brides are being reported of late. Police attributes this to the lack of proper background check of grooms, and brides being unable to adjust with the cultural differences after after marriage.

According to the police, out of around 100 NRI marriages every year, at least 10 per cent are troubled. The CID issues look-out circulars against persons who are accused in dowry harassment cases, which enables them to nab the accused when he lands at any international airport.

As many as 27 LOCs were issued in Telangana till April this year. Officials from the Crime Investigation Department, who investigate NRI-related dowry harassment cases, say that in addition to demanding extra dowry, there are many others reasons leading to harassment. In most of the cases, lack of adjustment to the local situation and lack of family support act as triggers.

Parents of Indian brides accept NRI grooms without background checks on his education, job and other issues.  “Many such grooms after marriage are found to be either jobless or have exaggerated facts to the bride’s family. A few people who are already married abroad marry a second time and take the girl to do household chores,” said and official from the CID.

For many parents, their son being abroad is an additional reason to demand more dowry. The education of the girl, caste and employment status also affect the amount of dowry demanded.

“Parents look at dowry as an option to recover  the money they have spent on their son’s education abroad. In the recent past, harassment cases have involved grooms who are highly educated,” he said.

Police says parents should not believe blindly in what the man or his family says, and should do a background check before accepting the proposal. Girls marrying NRI men also should be aware of the cultural and social differences between India and overseas, they said.

He said NRI men also face harassment when their wives fail to adapt to foreign lands and threaten them with police cases.

 

 

SOURCE

http://www.deccanchronicle.com /nation/crime/190616/ more-nri-brides-file-dowry-cases-in- hyderabad.html

 

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Gulf based NRI’s wife returns 2 India files 498A 506 cocktail Guj HC quashes case against ALL inlaws

A gulf Based NRI’s wife who goes abroad immediately after marriage & stays with him for three and half years at Saudi Arabia, returns to India and promptly files 498a on husband and four in laws !! Guj HC appreciates the facts, understand that she hardly stayed with in laws and has only vague allegations, quashes the case against ALL In-laws.

* Marriage on 24th May 2011 at Rajkot.
* Soon after marriage wife & husband left for Saudi Arabia & stayed at Saudi Arabia for almost three & a half years.
* On 4th October 2014, they came back to India. On December 2014, wife left matrimonial home & returned 2 parental home. On 3rd July 2015, she lodged FIR.
* In this quash, applicant #1 is father-in-law, application #2 mother-in- law, applicant #3 married sister-in-law & applicant #4 husband of sister-in-law !!
* She has hardly stayed for two months with the applicants, that too, only the applicant nos.1 and 2 after her return from Saudi Arabia.
* There is hardly any case of cruelty within the meaning of Section 498A IPC. Other allegations are quite vague and general.

So…..
* FIR bearing No.I-CR No.38 of 2015 lodged with the Mahila Police Station, Ahmedabad, is hereby ordered to be quashed

*****************************disclaimer**********************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon or High court websites. Some notes are made by Vinayak. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr please post responses as comments at vinayak.wordpress.com . Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
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CASE FROM JUDIS / INDIAN KANOON WEB SITE with necessary Emphasis, Re formatting
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION

(FOR QUASHING & SET ASIDE FIR/ORDER) NO. 13276 of 2015

**********************************************************
KAMLESHBHAI SHANTILAL VAKHARIYA & 3….Applicant(s)
Versus
STATE OF GUJARAT & 1….Respondent(s)
**********************************************************
Appearance:
MR. JAY M THAKKAR, ADVOCATE for the Applicant(s) No. 1 – 4
MR AR KADRI, ADVOCATE for MR PRATIK Y JASANI, ADVOCATE for the Respondent(s) No. 2
MR JK SHAH, APP for the Respondent(s) No. 1
**********************************************************

CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

Date : 24/11/2015

ORAL ORDER

RULE returnable forthwith. Mr.Shah, the learned APP waives service of notice of rule for and on behalf of the respondent no.1. Mr.Kadri, the learned advocate waives service of notice of rule for and on behalf of the respondent no.2.

By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicants seek to invoke the inherent powers of this Court, praying for quashing of the FIR bearing I-CR No.38 of 2015 lodged with the Mahila Police Station, Ahmedabad, for the offence punishable under Sections 498A, 323, 504, 506(2) read with Section 114 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

It appears from the materials on record that the applicant no.1 is the father-in-law, the application no.2 is the mother-in- law, the applicant no.3 is the married sister-in-law and the applicant no.4 is the husband of the sister-in-law. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

The marriage of the first informant was solemnized with the original accused no.1 on 24th May 2011 at Rajkot. It appears that soon after the marriage, the first informant along with her husband left for Saudi Arabia. The first informant stayed at Saudi Arabia for a period of almost three and a half years. On 4th October 2014, they came back to India. In December 2014, she left her matrimonial home and returned to her parental home. On 3rd July 2015, she lodged the FIR.

In view of the above dates, it is very difficult for me to accept the submissions canvassed on behalf of the first informant that there was harassment at the end of the applicants. She has hardly stayed for two months with the applicants, that too, only the applicant nos.1 and 2 after her return from Saudi Arabia. She may be having some differences with the husband, but the husband is not before me. There is hardly any case of cruelty within the meaning of Section 498A of the Indian Penal Code. The other allegations are quite vague and general.

In view of the above, this application is allowed. The First Information Report bearing No.I-CR No.38 of 2015 lodged with the Mahila Police Station, Ahmedabad, is hereby ordered to be quashed so far as the applicants herein are concerned. The case shall proceed further in accordance with law so far as the husband is concerned. Rule made absolute. Direct service is permitted.

(J.B.PARDIWALA, J.)

hope NRI hubbies flood this website with false 498a issues

Sushma
Online grievance redressal for NRIs launched by Centre

Saturday 21 February 2015 05:11 PM IST

by Agencies

New Delhi: The Central Government on Saturday launched an online consular grievance system to help the overseas Indians in getting their problems redressed in a time-bound manner.

External Affairs Minister Sushma Swaraj launched the MADAD – help or Online Consular Grievances System – for registering complaints of overseas Indians facing various problems.

Such problems would now be addressed by the India Missions abroad in a time-bound manner.

A result of the joint efforts of the Ministry of Overseas Indian Affairs (MOIA) and the External Affairs Ministry (MEA), Swaraj said, it will now enable overseas Indians not just to register their complaints online but also track its movement among the officials tackling it.

The overseas Indians could send their complaints in writing, which would be put online by the mission officials.

The online registration of complaints and their being attended to would considerably reduce the time usually taken for the same, a senior MEA official said.

The website has priorities for the complaint — complaints concerning mortal remains is of very high priority, then followed by high priority, priority and likewise. Any complaint relating to “mortal remains” would be addressed within two days.

Swaraj said while the grievances of the overseas Indians came under the domain of the MOIA but its remedies lie with the MEA.

This disconnect, the minister said between the two ministries was coming in the way of people not getting the desired relief.

Describing the website as something beyond her expectation, Swaraj said it would also put the Indian missions abroad on their toes as any inertia on their part in dealing with the complaints would reflect on the website.

They would get red-marked on the website – a sign of negative rating, she added.

Swaraj said that MADAD also fixes accountability and responsibility. “It has booth incentive and disincentive. It is compulsory for the overseas mission to update to avoid being labelled as ‘Red,” said Sushma Swaraj.

She said that the online system and its regular updating not only places the Indian mission into competition but a person always “fears bad name from his own community.”

Under the system envisaged, a complaint in the first instance would go to a consular in a mission and after a fixed duration of time if he is unable to address it, the same would escalate to his next higher officer and eventually reaching the ambassador or the High Commissioner.

All the complaints that would be made at the mission-level would be monitored by the CPU division in MEA and could eventually land up on the table of the minister, Swaraj said while inaugurating the website.

She said she received a good response from people during her Oman-visit when MADAD was being tried as a pilot project.

source
http://english.manoramaonline.com/

this is the link to the government website. those interested may please post your grievances here
https://org2.passportindia.gov.in/AppConsularProject/online/welComeMessage

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regards

Vinayak

Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn’t given up, Male, activist

“………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 !!

================== news =================

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