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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
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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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Facebook Cannot Regulate Itself: U.S. Lawmakers

Now we know that once they knew the truth, top @Facebook executives did everything they could to hide it from the public.

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Rep. David Cicilline, D-R.I., center, talks with Rep. Eric Swalwell, D-Calif., right, during a House Judiciary Committee meeting on Capitol Hill. VOA

Democratic U.S. Representative David Cicilline, expected to become the next chairman of House Judiciary Committee’s antitrust panel, said on Wednesday that Facebook cannot be trusted to regulate itself and Congress should take action.

Cicilline, citing a report in the New York Times on Facebook’s efforts to deal with a series of crises, said on Twitter: “This staggering report makes clear that @Facebook executives will always put their massive profits ahead of the interests of their customers.”

“It is long past time for us to take action,” he said. Facebook did not immediately respond to a request for comment.

Facebook Chief Executive Mark Zuckerberg said a year ago that the company would put its “community” before profit, and it has doubled its staff focused on safety and security issues since then. Spending also has increased on developing automated tools to catch propaganda and material that violates the company’s posting policies.

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Facebook CEO Mark Zuckerberg testifies before a House Energy and Commerce hearing on Capitol Hill in Washington about the use of Facebook data to target American voters in the 2016 election and data privacy. VOA

Other initiatives have brought increased transparency about the administrators of pages and purchasers of ads on Facebook. Some critics, including lawmakers and users, still contend that Facebook’s bolstered systems and processes are prone to errors and that only laws will result in better performance. The New York Timessaid Zuckerberg and the company’s chief operating officer, Sheryl Sandberg, ignored warning signs that the social media company could be “exploited to disrupt elections, broadcast viral propaganda and inspire deadly campaigns of hate around the globe.” And when the warning signs became evident, they “sought to conceal them from public view.”

“We’ve known for some time that @Facebook chose to turn a blind eye to the spread of hate speech and Russian propaganda on its platform,” said Cicilline, who will likely take the reins of the subcommittee on regulatory reform, commercial and antitrust law when the new, Democratic-controlled Congress is seated in January.

Also Read: Social Media Laws Should Be Tightened: Germany

“Now we know that once they knew the truth, top @Facebook executives did everything they could to hide it from the public by using a playbook of suppressing opposition and propagating conspiracy theories,” he said.

“Next January, Congress should get to work enacting new laws to hold concentrated economic power to account, address the corrupting influence of corporate money in our democracy, and restore the rights of Americans,” Cicilline said. (VOA)