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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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Next Story

Donald Trump to Declare ‘Emergency’, Use Military Funds for Mexico Border Wall

He will sign a border security bill to avert a government shutdown, but also act to bypass Congress and use military funds for the wall, a statement said.

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Donald Trump
R.E.M. bassist Mike Mills blasted Carpe Donktum and Trump on Saturday. Pixabay

US President Donald Trump will declare a national emergency to fund his planned border wall with Mexico, the White House has said.

He will sign a border security bill to avert a government shutdown, but also act to bypass Congress and use military funds for the wall, a statement said.

Senior Democrats have responded by accusing him of committing a “gross abuse of power” and a “lawless act”, the BBC reported on Friday.

The Congress passed the bill on Thursday which does not meet Trump’s demands for wall funding. It now has to be signed by the President to become law.

 

Donald Trump, Mexico
Senior Democrats have responded by accusing him of committing a “gross abuse of power” and a “lawless act”. VOA

The compromise legislation passed by Congress includes $1.3 billion in funding for border security, including physical barriers, but it does not allot money towards the border wall for which Trump had wanted $5.7 billion.

“The President is once again delivering on his promise to build the wall, protect the border, and secure our great country,” White House Press Secretary Sarah Sanders said in a statement on Thursday.

She added he would “take other executive action – including a national emergency – to ensure we stop the national security and humanitarian crisis at the border”.

Speaking on the Senate floor on Thursday, however, Republican leader Mitch McConnell indicated his support for the move, saying the President was taking action with “whatever tools he can legally use to enhance his efforts to secure the border”.

In a 83-16 vote, the Senate on Thursday passed the border security bill. The House of Representatives later also backed the measure, by 300 to 128.

 

US, Donald Trump
“The President is once again delivering on his promise to build the wall, protect the border, and secure our great country,” White House Press Secretary Sarah Sanders said. VOA

Speaker of the House Nancy Pelosi has already suggested a legal challenge from Democrats should the President make an emergency declaration.

She and Senate Democratic leader Chuck Schumer also issued a joint statement condemning the move.

 

ALSO READ: Mexico Announced to Relocate Central American Migrants, 4 People Injured

“Declaring a national emergency would be a lawless act, a gross abuse of the power of the presidency and a desperate attempt to distract from the fact that President Trump broke his core promise to have Mexico pay for his wall,” they said.

Republicans fear this will set a precedent for presidential power that Democrats can someday use to circumvent the will of Congress. (IANS)