Tag Archives: NRI

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

 

Woman settles 498a, divorces & remarries. Still Does NOT appear for quash. Guj HC quashes 498a

In a crisp and clear order, the Honourable Gujarat HC summarises the case thus “…a settlement was arrived at between the parties. The marriage was dissolved and the father-in-law and the mother-in-law came to be acquitted in the trial. I am told that the first informant has got married with another person and has settled in life. Perhaps, that is the reason she has chosen not to remain present before this Court…..
……. Since the settlement has been arrived at and the marriage was also dissolved and the other co-accused have also been acquitted by the trial Court, no useful purpose would be served …….”

498a 504 etc case quashed

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION
(FOR QUASHING & SET ASIDE FIR/ORDER) NO. 4130 of 2015

**********************************************************
SOHAM BHARATBHAI BRAHMBHATT….Applicant(s)
Versus
STATE OF GUJARAT & 1….Respondent(s)
**********************************************************
Appearance:
C S SHUKLA, ADVOCATE for the Applicant(s) No. 1
MR SM SHUKLA, ADVOCATE for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
MR J.K. SHAH, ADDL.PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

Date : 24/11/2015

ORAL ORDER

Rule returnable forthwith. Mr. J.K. Shah, the learned APP waives service of notice of rule for and on behalf of the respondent No.1. The respondent No.2 – original first informant, although served with the notice issued by this Court, has chosen not to remain present and oppose this application either in person or through an advocate.

By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant-husband seeks to invoke the inherent powers of this Court, praying for quashing of the First Information Report lodged with the Satellite Police Station, being C.R No. I-772/07 for the offence punishable under Sections 498A, 504 and 506(2) read with Section 114 of the IPC.

It appears from the materials on record that the applicant herein is settled at Canada. The other co-accused named in the FIR i.e. the father-in-law and the mother- in-law were charge-sheeted and were put to trial. In the interregnum period, a settlement was arrived at between the parties. The marriage was dissolved and the father-in-law and the mother-in-law came to be acquitted in the trial. I am told that the first informant has got married with another person and has settled in life. Perhaps, that is the reason she has chosen not to remain present before this Court.

Since the settlement has been arrived at and the marriage was also dissolved and the other co-accused have also been acquitted by the trial Court, no useful purpose would be served to continue with the prosecution so far as the applicant is concerned</B>. In the result, this application is allowed. The FIR No. I-772/07 for the offence punishable under Sections 498A, 504 and 506(2) read with Section 114 of the IPC is quashed. Rule is made absolute. Direct service permitted.

(J.B.PARDIWALA, J.)

Mohandas

Rude, uncultured behavior & perfunctory abuses are mundane matters. Not attract 498A GujHC

In this case a woman married to a London based NRI files, returns back from London and files 498A, 323, 504 read with Section 114 of IPC & Sec 3, 7 of DP act, almost 3 years after alleged incidents. She claims Mother in law abused her and in laws did NOT turn up to take her back to her matrimonial home !!

the Hon gujarat HC appreciates the facts and decrees “….Rude and uncultured behaviour as well as perfunctory abuses are mundane matters and would not attract the rigors of Section 498A of the IPC. There has to be something more to attract Section 498A of the IPC. …”

The Hon HC quashes the case against IN LAWS !!

* Marriage on 8th December 2009
* In 2010, wife joined husband at London and stayed there for two years.
* Since she was taken ill, she returned to India in May 2012
* In 2015, (approx 3 years later) she filed FIR # II-CR No.12 of 2015 @ Petlad (Rural) Police Station, District Anand, u.s 498A, 323, 504 with Sec 114 of IPC & Sec 3 and 7 of DP Act
* Hence this quash. In this quash, The applicant no.2 is the father-in-law, the applicant no.3 is the mother-in-law and the applicant no.4 is the married sister-in-law.

The Hon HC observes “….Rude and uncultured behaviour as well as perfunctory abuses are mundane matters and would not attract the rigors of Section 498A of the IPC…..They may be morally guilty of not treating the daughter-in-law with respect in an Indian society, but such moral acts fall short of an offence under Section 498A of the IPC…” and quashes the case

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION

(FOR QUASHING & SET ASIDE FIR/ORDER) NO. 4899 of 2015

**********************************************************
HARESH LALSINGH GADHAVI & 3….Applicant(s)
Versus
STATE OF GUJARAT & 1….Respondent(s)
**********************************************************
Appearance:
MR VAIBHAV A VYAS, ADVOCATE for the Applicant(s) No. 1 – 4
MR.SANAT B PANDYA, ADVOCATE for the Applicant(s) No. 1 – 4
MS DHARITRI PANCHOLI for HL PATEL ADVOCATES, ADVOCATE for the
Respondent(s) No. 2
MR HK PATEL, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

Date : 24/11/2015

ORAL ORDER

RULE returnable forthwith. Mr.Patel, the learned APP waives service of notice of rule for and on behalf of the respondent no.1. Ms.Pancholi, 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 – original accused nos.2, 3 and 4 seek to invoke the inherent powers of this Court, praying for quashing of the FIR bearing II-CR No.12 of 2015 lodged with the Petlad (Rural) Police Station, District Anand, for the offence punishable under Sections 498A, 323, 504 read with Section 114 of the Indian Penal Code and Sections 3 and 7 of the Dowry Prohibition Act.

The case of the prosecution is that the applicants herein treated the first informant cruelly and thereby they have committed an offence under Section 498A of the Indian Penal Code.

On 8th December 2009, the marriage of the first informant was solemnized with the applicant no.1. I may clarify at this stage that this application has not been pressed so far as the applicant no.1 – husband is concerned.

The applicant no.2 is the father-in-law, the applicant no.3 is the mother-in-law and the applicant no.4 is the married sister-in-law. Within thirty days from the date of the marriage, the husband left for London. While the husband was at London, the first informant stayed back at her matrimonial home. It also appears that some time in the year 2010, the first informant joined her husband at London and stayed there for two years. Since she was taken ill, she returned to India in May 2012. It is her case that she waited for her in-laws to take her back to her matrimonial home but none turned up. It is her case that although she was ill, yet none came to inquire about her. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

It has been vehemently submitted by Ms.Pancholi, the learned counsel appearing for the first informant that the mother-in-law used to treat the first informant cruelly by hurling abuses. There were constant altercations with regard to the household work.

It appears that after almost a period of three years the first informant thought fit to lodge the FIR. Rude and uncultured behaviour as well as perfunctory abuses are mundane matters and would not attract the rigors of Section 498A of the IPC. There has to be something more to attract Section 498A of the IPC. Even if I accept the entire case of the prosecution, there is nothing against the father-in-law and the married sister-in-law. Whatever little has been alleged is against the mother-in-law, and that too, hurling of abuses, using of perfunctory words, etc. They may be morally guilty of not treating the daughter-in-law with respect in an Indian society, but such moral acts fall short of an offence under Section 498A of the IPC.

In view of the above, this application is allowed. The First Information Report bearing No.II-CR No.12 of 2015 lodged with the Petlad (Rural) Police Station, District Anand, is hereby ordered to be quashed so far as the father-in-law, mother-in- law and sister-in-law 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.)

*****************************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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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.
*******************************************************************************
CASE FROM JUDIS / INDIAN KANOON WEB SITE with necessary Emphasis, Re formatting
*******************************************************************************

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