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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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Americans Tend to Rely on Social Media for News which is often Unreliable: Report

Those who rely on social media and peers for news, on the other hand, don't see those platforms as reliable yet still choose to get their news from these sources

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Social Media
The findings of a research suggest that perceived reliability is not the only factor that drives what Americans choose as their go-to News sources on Social Media. Pixabay

Owing to lack of time and competing demands, one-third of Americans rely on news platforms they acknowledge are less reliable, mainly social media and peers, says a new report.

The other two-thirds of the public consider their primary news sources trustworthy, mainly print news and broadcast television, according to the report from California-based non-profit RAND Corporation.

“A lack of time and competing demands may explain why a third of Americans turn to news sources they deem less reliable, which suggests improving the quality of news content or teaching people how to ‘better consume’ news isn’t enough to address ‘Truth Decay,'” said Jennifer Kavanagh, senior political scientist and co-author of the report.

“Media companies and other news providers may need to provide more easily accessible and digestible ways for individuals to consume high quality investigative journalism”.

“Truth Decay” is a phenomenon defined as diminishing reliance on facts, data and analysis in public life.

The report draws from a national survey of 2,543 Americans to examine how reliability, demographics and political partisanship factor into news choices and how often people seek out differing viewpoints in the news.

About 44 per cent of respondents reported that news is as reliable now as in the past, while 41 per cent said it has become less reliable and 15 per cent – mostly women, racial and ethnic minorities and those without college degrees – said it is more reliable.

Social Media
Owing to lack of time and competing demands, one-third of Americans rely on News platforms they acknowledge are less reliable, mainly Social Media and peers, says a new report. Pixabay

Respondents who lean on print and broadcast platforms were more likely to deem them reliable.

Those who rely on social media and peers for news, on the other hand, don’t see those platforms as reliable yet still choose to get their news from these sources.

“The findings suggest that perceived reliability is not the only factor that drives what Americans choose as their go-to news sources,” said Michael Pollard, a sociologist and lead author of the report.
“Despite acknowledging that there are more reliable sources for news, people with demands on their time may be limited to using less reliable platforms.”

Asked whether they ever seek out alternate viewpoints when catching up on the news, 54 per cent said they “sometimes” do, 20 percent said, “always or almost always,” 17 per cent said “infrequently,” and 9 percent said, “never or almost never.”

The report also identified the four most common combinations of news media types consumed by Americans: print publications and broadcast television, online, radio, and social media and peers.

Those who are college-educated were less likely to get their news from social media and peers, instead opting for radio and online sources.

Social Media
Media companies and other News providers may need to provide more easily accessible and digestible ways for individuals to consume high quality investigative journalism, especially on Social Media. Pixabay

Those with less than a college education were more likely to report “never or almost never” seeking out news with alternate viewpoints.

“Those who are married were three times more likely than singles to rate their peers as the most reliable source for news,” said the report.

ALSO READ: Here’s how you can Appear More Competent Through your Clothing

Unmarried people were more likely than married people to report they “always or almost always” seek out sources with differing views. (IANS)