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NRI Man accused of Rape charges for Cohabiting with her legally married wife in USA

Lakhs of Indian origin NRI men face immediate arrest on account of false complaints of heinous crimes by disgruntled wives

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NRI man charged under section 376 Rape
‘No Fault’ Divorce in the USA is not acceptable as per Hindu Marriage Act. Pixabay

Sep 14, 2017: The quandary of the outcast wives is evident in a country like India. NRI husbands have been known for leaving their wives in India and flying to abroad. These wives are being shunned by the society as well. While the problem is grim and sincere, some NRI husbands are also succumbing to the victimization of blackmailing from their wives. Such is the perplexity of the USA based Sachin Jain, who claims that he was erroneously accused of rape charges in India.

Newsgram contacted Sachin Jain for further inquiry into the matter.

According to him lakhs of NRI’s face immediate arrest on account of false complaints of heinous crimes by disgruntled wives.

In a unique case of its kind, an NRI, Sachin Jain who is residing in the USA for last 9 years, has been accused u/s 376 on charges of Cohabitation in the USA with his own legally married wife. A FIR u/s 376 (Rape) has been registered in this regard by the Delhi Police on the orders of Metropolitan Magistrate Chhavi Kapoor of Karkardooma Courts of Delhi. Under this case, the wife allegedly filed a complained in the Karkardooma District court claiming to have cohabited with the NRI man after ex parte divorce obtained in the USA. The couple that is still married as per applicable Indian Laws got a divorce decree from Superior Courts of New Jersey, USA on the grounds of ‘Irreconcilable Differences in marriage.’ This type of Divorce decree also known as ‘No Fault’ Divorce in USA and European Countries is granted by foreign courts without arguments and submission to the court by another party.

As per the Hindu Marriage Act, such tribunal is not functional in India and hence, the couple who got divorce decree in the USA are still legally married in India. The Divorce Decree granted by USA Courts on account of ‘Irreconcilable Differences in marriage’ is unrecognized in Hindu Marriage Act 1955 and section 13 of Civil Procedure Code. This has been iterated couple of times by various High Courts of India after the landmark judgment of Supreme Court in the case of Y. Narasimha Rao And Ors vs. Y. Venkata Lakshmi And Anr on 9 July 1991

As per section 44a of Civil Procedure Code 1908, India has reciprocal agreements with only 11 countries in the world which allow India and the other country to accept each other’s court judgments as it is. There is no reciprocal agreement in place between India and USA for accepting each other’s judgments. Due to no reciprocal agreements, India does not give any recognition to the judgments and decrees passed by the USA.

The Humble Metropolitan Magistrate of Delhi District court, without knowing this fact that the judgments provided by USA court can not be taken into cognizance, and the fact that couple is still married as per Indian Laws ordered the Delhi Police to register a FIR u/s 376 which gives unlimited power to Delhi Police to arrest the accused immediately, open Look Out Circular (LOC) against the accused, issue Red Corner Notice taking help of Interpol. This makes an innocent person terrorist and criminal jeopardizing his career, job, and life.

After a FIR u/s 376 is registered against an NRI, he is faced with another challenge of corruption, extortion, blackmailing in the name of this legal terrorism. The complainant wife and her lawyer start blackmailing the NRI husband asking for an exorbitant sum of money in crores to settle the matter out of court.

Sachin says, “I request to the Supreme Court of India, to create special courts for dealing with NRI related matters where expert judges with full knowledge of International Private Laws should take up the matter for hearing. The lower judiciary would also be saved from passing erroneous orders against applicable Indian laws”

He concluded, “Due to complex International Private Laws, the lower judiciary in India without full knowledge of applicable laws governing marriage and divorce in India sometimes commit grave errors and passes unbelievable orders jeopardizing the career and life of innocent NRIs living far away from their country of birth for livelihood.”


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Ranaghat Nun Rape Case : Bangladeshi Man Sentenced To Life Imprisonment for Raping Elderly Nun in 2015

As per the 2015 government data, 34,651 cases of rape were officially recorded. However, it is estimated that the true figure is much higher than this, given half of the cases go unreported.

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Ranaghat Nun Rape Case
Rape culture in India garnered more spotlight following the Nirbhaya-gang rape, after which the issue has continue to remain a burning topic in the country. Pixabay

Kolkata, November 8, 2017 : Cases of sexual assault are not new to the country. Sadly, the number of reported cases has witnessed a sharp rise in recent years. Countless insane reasons have been repeatedly cited to defend rapes that ranged from wearing short clothes, staying out till late hours, being over-friendly with men, among many others. But how do you justify the rape of an elderly nun? How do you justify rape at all?

Ranaghat nun rape case dates back to 2015. Two years after the incident, a court in Kolkata has now convicted and sentenced a Bangladeshi man to life imprisonment, for raping an elderly nun. The incident had taken place at a school in Ranaghat, West Bengal in 2015.

On March, 2015, five men had broken into the Convent of Jesus and Mary in Ranaghat with a motive to loot the church and vandalize the idols. Consequently, they attacked the oldest nun of the school, aged 71, who had tried to stop them.

On November 7, two years after the Ranaghat nun rape case, the City Sessions Court announced 28-year-old Nazrul Islam, a Bangladeshi man guilty of rape and attempted murder of the nun.

Previously, Islam had been arrested after the nun had identified him from a list of suspects.

Ranaghat Nun Rape Case: What Exactly Happened?

As per a report by PTI, Arnab Ghosh, a police superintendent in Ranaghat revealed that the men, all aged between 20 and 30, jumped the boundary of the co-ed school around 11:40 pm in March 13.

After disconnecting the telephone lines, the five men choked the security personnel on duty and entered the nuns’ room. Upon being stopped by the oldest nun of the school, they forced her into another room where she was raped.

The men then went on to steal cash, and other expensive materials that included a camera, mobile phone and laptop.

The men also attacked Convent of Jesus and Mary and vandalized and stole holy items.

Reactions To The 2015 Ranaghat Nun Rape Case

The nun was subjected to such brutal treatment that she had to be rushed to a hospital on March 14 where she underwent an operation.

The Ranaghat nun rape case sought intense reactions from the larger public. Hundreds of angry locals, priests and schoolgirls took to the state to protest against the incident – highways were blocked, shops were closed and candlelight marches were carried out as slogans demanding justice were raised.

Soon after the incident was reported, the West Bengal government ordered the Criminal Investigation Department to carry out investigations that made use of CCTV footage to arrest the five accused.

The five accused were arrested after three months.

Delayed But Deserved Verdict

A court in West Bengal on November 8 has now sentenced Nazrul Islam to life imprisonment for raping, and allegedly attempting to murder the aged nun.

The court also convicted his other five accomplices – Gopal Sarkar , Kumar Sarkar, Mohd Selim Sheikh, Ohidul Islam and Khaledar Rahman of robbery, and sentenced them to 10 years of imprisonment.

The verdict comes two years after the incident had taken place.

The delay in the verdict raises serious concerns on the security of women in the count.

Rape Culture in India?

As per the 2015 government data, 34,651 cases of rape were officially recorded. However, it is estimated that the true figure is much higher than this, given half of the cases go unreported.

Rape culture in India garnered more spotlight following the Nirbhaya-gang rape, after which the issue has continue to remain a burning topic in the country. Consequently, laws on sexual violence were strengthened.  However, the extents to which they are enforced remain questionable.

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4 Ships Banned From All Ports For Violating North Korea Sanctions

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South Korea's naval ships
South Korea's naval ships take part in a military drill for possible attack from North Korea in the water of the East Sea, South Korea. voa

The U.N. Security Council has banned all nations from allowing four ships that transported prohibited goods to and from North Korea to enter any port in their country.

Hugh Griffiths, head of the panel of experts investigating the implementation of U.N. sanctions against North Korea, announced the port bans at a briefing to U.N. member states on Monday. A North Korean diplomat attended the hour-long session.

Griffiths later told several reporters that “this is the first time in U.N. history” that the Security Council committee monitoring sanctions against Pyongyang has prohibited ships from entering all ports.

He identified the four cargo ships as the Petrel 8, Hao Fan 6, Tong San 2 and Jie Shun.

According to MarineTraffic, a maritime database that monitors vessels and their moments, Petrel 8 is registered in Comoros, Hao Fan 6 in St. Kitts and Nevis, and Tong San 2 in North Korea. It does not list the flag of Tong San 2 but said that on Oct. 3 it was in the Bohai Sea off north China.

Griffiths said the four ships were officially listed on Oct. 5 “for transporting prohibited goods,” stressing that this was “swift action” by the sanctions committee following the Aug. 6 Security Council resolution that authorized port bans.

That resolution, which followed North Korea’s first successful tests of intercontinental ballistic missiles capable of reaching the United States, also banned the country from exporting coal, iron, lead and seafood products. Those goods are estimated to be worth over $1 billion – about one-third of the country’s estimated $3 billion in exports in 2016.

The Security Council unanimously approved more sanctions on Sept. 11, responding to North Korea’s sixth and strongest nuclear test explosion on Sept. 3.

These latest sanctions ban North Korea from importing all natural gas liquids and condensates, and cap its crude oil imports. They also prohibit all textile exports, ban all joint ventures and cooperative operations, and bars any country from authorizing new work permits for North Korean workers-key sources of hard currency for the northeast Asian nation.

Both resolutions are aimed at increasing economic pressure on the Democratic People’s Republic of Korea – the country’s official name – to return to negotiations on its nuclear and missile programs.

Griffiths told U.N. diplomats that the panel of experts is getting reports that the DPRK “is continuing its attempts to export coal” in violation of U.N. sanctions.

“We have as yet no evidence whatsoever of state complicity, but given the large quantities of money involved and the excess capacity of coal in the DPRK it probably comes as no surprise to you all that they’re seeking to make some money here,” he said.

Griffiths said the panel is “doing our very best to monitor the situation and to follow up with member states who maybe have been taken advantage of by the tactics deployed by DPRK coal export entities.”

As for joint ventures and cooperative arrangements, Griffiths said the resolution gives them 120 days from Sept. 11 to close down.

But “in a number of cases, the indications are that these joint ventures aren’t shutting down at all but are on the contrary expanding _ and therefore joint ventures is a major feature of the panel’s current investigations,” he said.

Griffiths also asked all countries to pay “special attention” to North Korea’s Mansudae Overseas Project Group of Companies, also known as the Mansudae Art Studio, which is on the sanctions blacklist and subject to an asset freeze and travel ban.

According to the sanctions listing, Mansudae exports North Korea workers to other countries “for construction-related activities including for statues and monuments to generate revenue for the government of the DPRK or the (ruling) Workers’ Party of Korea.”

Griffiths said Mansudae “has representatives, branches and affiliates in the Asia-Pacific region, all over Africa and all over Europe.” Without elaborating, he added that “they’re doing an awful lot more than producing statues in Africa.” (voa)

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Andhra Pradesh Janmabhoomi Project: 51 NRIs Help Tribal Village Kothavalasa in Developing a Space Fostering Sports Facilities

Sports Facility for a tribal village has been inaugurated by AP Janmabhoomi project which involves contribution of 51 NRIs

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AP Janmabhoomi rural project.

Andhra Pradesh, Sep 27, 2017: Kothavalasa, a tribal village near Araku saw an influx of sporting enthusiasts wailing and whistling in joy as a result of the ‘Tribal Development Project’ that got executed in less than 20 days.

With a vision to bridge NRIs to their native land, India’s Sunrise State, AP Janmabhoomi has spread its wings by launching various campaigns revolving around the holistic development of the rural public. AP Janmabhoomi’s prime focus areas include creating – Digital Classrooms, Anganwadi Centres & Crematoriums.

Before leveling the land
Girls playing throwball after leveling the land

Kothavalasa, of Dumbriguda Mandal, Vishakhapatnam District happened to be their first integrated Tribal Development Project. The Special Representative for North America, the team that is actively involved in this mission, after pondering upon various ways to impact the lives of the rural public came up with an offbeat approach.

According to the team, for any community to move forward, they need to stay united and what better than sports can teach people to stay united. Creating a sports facility is not an easy task, and it needs a lot of resources, especially money.

In alignment with their vision of involving NRIs in the overall gamut – AP Janmabhoomi, kicked off a fundraiser
campaign and has collected a sum of almost 1,30,000 rupees in just five days. It should be noted that the whole fundraising was carried on the official website of AP Janmabhoomi, where 51 NRIs from various parts of the globe have participated. During the team’s physical inspection to the site, they’ve partnered with ThinkPeace, an NGO which has already been impacting the people living there for more than 5 years till now. As part of their integrated Tribal Development Project, AP Janmabhoomi also donated an amount of Rs. 3,00,000 for the construction of an Anganwadi school.

Distributing sports equipment

Shri Sarveshwar Rao, MLA of Araku and Shri Ravi Subhash, I.A.S graced the inauguration ceremony with their presence
and distributed the sports equipment which is set to unite and empower the youth and children of tribal villages around Kothavalasa. The equipment included outdoor sports equipment like volleyball, throw ball and cricket kits. The indoor equipment included table tennis, carom boards, and chessboards. A tournament named after the great freedom fighter, Shri Alluri Sitaramaju, was organized in the ground which saw participants from 12 Mandals.

Also Read: NRI School Connect Campaign- A new Virtual Learning initiative by government of AP 

The AP Special Representative for North America, Shri Jayaram Komati, currently heading the social initiative,
believes that all the NRIs share a common will to help
their native land.