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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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Shoot The Rapist At The Sight

 And which type is contributing more dangerously to the society can easily be measured with our simple plus and minus equation

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This glaring aberration in the world of media is visible as clearly as stars in the darkness of the night.
India is plagued with a disease called Rape. Wikimedia Commons

Salil Gewali

  • India is plagued with a disease called Rape
  • There are no rigorous punishments for rape
  • Rapists openly commit crimes without anny fear

Why the clamour only for the rigorous punishment for rape and other sadistic crimes which have their roots in the mental-degeneration? Apart from the toughest punishment to the perpetrators, let’s go deeper to analyze what could be the possible  “causes”  that push men to commit rape. Why so much mental degeneration that certain individuals can stoop to the gutter being to their status, their position and social values? Well, how to address those issues is certainly a challenge. And that “challenge” certainly calls for a serious brain-storming and a serious self-assessment vise-a vise the environment in which we all are living.

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

True, in the physical world we are highly convinced brag about that healthy environment is a must for our healthy living. Even kids know these days that we can’t breathe well if our surroundings are filled with high levels of  “toxicity”. We have well studied through our academic textbooks that people invite the environmental disaster if they keep on allowing excessive emission of CO2, CO, methane and other dangerous gases into the atmosphere. We have fully acknowledged that each tall and black chimney of the industries and the nozzles of the motor vehicles are here only to mar the beauty of this planet? What kind of damages the toxic gases are doing to our ecosystem are not at all tough job to analyze with modern appliances. Again, a lot amount of books have been published to create the awareness, to inform us about the scientifically tested measures to resolve the environmental concerns.

However, do we have the same amount of literature that pinpoint the “causes” which contribute to turning “males into perverts”? Who else is emitting the “toxic substances” that overpower the inborn sensitivity of the deviant? What are the properties of toxic filth that is polluting the mind-scape of the society? Now we have Donald Trump, the president of the USA, whom many prefer call him a pervert. At this rate, the number perverts are increasing and they have become dangerously ubiquitous. And, all those perverts have brought nightmares to the ill-fated females. We often stage candle march in protest against the rape, but remain blind to the glaring “causes”. Should we still fiddle about and be appreciative of the society that shameless covers itself with the vulgarity — the “toxicity” that might numb the sanity of males? Watch out, dear friends, those perverts have begun to see even “baby girls” as objects of lust!

Please note:  what our sages said:  “What you see that you think, what you think that you do and what you do that become !!!!”

Also Read: Eat Grapes To Ward Off Depression

Again, I would like to draw another similarity with what prompt big people to “rape”/violate the harmony of the Mother Earth. The case is very regularly brought out by the conscious citizens across the country. A senior journalist Patricia Mukhim of Meghalaya has pointedly driven home recently how the “greed for money” has corrupted many leaders who are trying hard to justify the senseless exploitation of the “body” of Mother Earth. Many big shots of big companies struggle to convince the politicians to tweak the laws to grant the permission to perpetually “rape” the country.

In my mind, both are infected with common syndromes! While the one type is interested in the body of the females, the other type has a fetish for the rocky body of the “Mother Earth”. And which type is contributing more dangerously to the society can easily be measured with our simple plus and minus equation.

The rape victims are not getting the justice they deserve.
The rape victims are not getting the justice they deserve.

Let’s assess the issues from another angle, given the advancement of medical science. Till some years back malaria, dengue, cholera, HIV, smallpox were life-taking diseases. But the medical science has pretty successfully eradicated or contained them all. The scientists have correctly identified the causes of those dangerous diseases and recommended the remedial measures. No doubt, that is a very productive achievement. However, why have the modern studies practically failed to “identify the causes”  of the pandemic rise of the horrendous instances of rapes and criminality associated with them? Is it not a strong slap in the face of the modern civilization considering we have not yet spelt out the causes and the characteristic symptoms the  “toxic emitters” who turn decent males into sadists? How long will we endure the depravity which has already strangulated the decency of the society? Should we still wait to work out the tough laws? Should we still hitch to explore for the “causes” and remedial measures? I guess the time is ripe that each morally conscious individual be allowed a shotgun to shoot the “perversion and depravity” of any kind at sight!

Salil Gewali is a well-known writer and author of ‘Great minds on India’. Twitter: @SGewali.