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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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Here’s The List Of US Jobs With Highest Gender Gap in Wages

Overall, the pay gap has narrowed in the last 50 years, according to the Census Bureau’s Laughlin.

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In this May 24, 2018, photo, Rosa Franco, director of lending at Neighborhood Trust Federal Credit Union talks with employees at the bank in New York. Franco says the credit union's partnership with Finhabits is still in development and she anticipates a challenge in marketing the service to her clients, many of whom are consumed by pressing concerns like debt repayment and or sending money to relatives abroad. VOA

By now, we all know there’s a significant gender gap — that women earn less money than men even when doing the same work.

In 2016, women earned an average of $40,675, far less than the $50,741 for men, according Lynda Laughlin of the U.S. Census Bureau.

The bureau finds that the gender gap is largest in fields dominated by men, such as when it comes to being the chief executive of a company. While male CEOs make an average of $141,000 annually, women in the same job picked up about $104,000 — that’s 73 percent of what the guys earn for doing the same work, according to the American Community Survey.

gender gap
Graphic — US Census Bureau. VOA

Other professions where the gap is most significant include sales and finance. For example, male financial advisors are paid an average of $102,000 while women in the same field end up with $69,000. That means the women are earning about 70 cents for every dollar a man makes.

Many of the highest paid jobs for women, including physician, surgeon, nurse anesthetist and dentist, are in health fields.

The gender gap between men and women is lowest among pharmacists, where the women earn 97 cents for every dollar their male colleagues make.

Even the best education can’t close the void.

In fact, an analysis of numbers from the U.S. Department of Education finds that the disparity might even be wider for men and women who are graduates of America’s most elite universities.

gender gap
Colleges with biggest gender gap. VOA

he average man in that study pulls in a salary of $59,000 soon after graduating, but his female counterparts make 19 percent less, earning about $48,000. Of the 117 top-ranked colleges in the analysis, women came out financially on top in only three schools: Yale University, Clark University, and Stevens Institute of Technology. Female graduates earn less than males for all of the other schools, and often by a significant amount.

The 10 universities where the pay gap is most significant include some of the nation’s most prestigious. At No. 1 is Stanford University, where women graduates end up earning $36,000 less than their former fellow male students. Also on the list are Princeton, Harvard, MIT and Duke University.

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Overall, the pay gap has narrowed in the last 50 years, according to the Census Bureau’s Laughlin, due in part to the increasing presence of women in the work force and their attainment of higher levels of education. (VOA)