Archive for the 'NRI' Category

Rights And Responsibilities Of US Green Card Holders: A Reminder For The GC Holding 498A Wives

I am posting this here for the US based NRIs with marital issues.

They are a group often maligned by the radical feminists and by the media. What is never highlighted is the fact that these men are often used by their bitter halves to piggy back to the US and then dumped after these spouses get their green cards. They find themselves facing 498A and other cases in India especially after their spouses lose their case in the US court.

In an NRI divorce judgment, Justice Dhingra says:

“The decree passed by the court of USA has not been challenged by the complainant. She herself submitted to the jurisdiction of the USA Court and contested the case. She was living, at the time of contesting, the case in USA and continued to live in USA even after passing of decree till 2002. She even preferred an appeal, which was dismissed. Thus, it is not a case where decree was obtained by her husband clandestinely or she had not submitted to the jurisdiction of the US Court or the US Court had no jurisdiction. Once a competent Court has passed an order in respect of return or exchange of articles including dowry articles, no offence under Section 406 IPC can be tried for the same articles in India.”

NRI spouses with GCs are required to obey US laws, implicitly acceding to US jurisdiction. It is a responsibility, like paying taxes in the US, that they are REQUIRED to fulfil. This is an agreement they are signing when accepting the green card. These women may want to think twice before filing a case against their hubbies in India after getting their green cards. They may be faced with a contempt of court charges in the US if they try to challenge the divorce judgment in India after losing the case here.

Here is the text of the responsibilities:

  • You are required to obey all of the laws of the United States, the States, and localities.
  • You are required to file your income tax returns and report your income to the US Internal Revenue Service and State IRS.
  • You are expected to support the democratic form of government and cannot attempt to change the government through illegal means.
  • If you are a male, age 18 through 25, you are required to register with the Selective Service.

Here is the pdf: US Green Card Holders Rights And Responsibilities

Here is the link to the US CIS site where I pulled this information from.

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Know Your Fathers Rights

This is a website which may be very useful to NRIs in the US.

Here is the link:

http://www.fathers4kids.com/html/FathersRights.htm

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Extradition, Criminal Prosecution And International Child Abduction

This is a very nice article that explains quite a few things about extradition by a law office.

Here is the link:

Criminal Prosecution and International Child Abduction

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SC: The Mother Is Not Always The Natural Guardian – 2004

This is the Anil Kumble case. It is remarkable, the manner in which all the parties conducted themselves so decently.

Here is the news article from TOI.

Here is the judgment: SC: The Mother Is Not Always The Natural Guardian

This judgment appears to contradict the Gita Hariharan case (1999), but a close reading shows that the SC is giving the well being of the child,  the most importance.

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SC: Police Must Register FIR On Complaint Of Cognizable Offence

Here is the link to the judgment

Here is an excerpt:

The concerned police officer is statutorily obliged to register the  case on the basis of the offence disclosed in the complaint  petition and proceed with investigation in terms of procedure  contained under Sections 156 and 157 of the Code.

“Holding that the conduct of the police has led to grave miscarriage of justice, the apex court in its judgment dated October 12 observed, “Section 154 of the Code thus casts a statutory duty upon police officer to register the case, as disclosed in the complaint, and then to proceed with the investigation. The mandate of section 154 is manifestly clear that if any information disclosing a cognizable offence is laid before an officer in charge of a police station, such police officer has no other option except to register the case on the basis of such information.” Rejecting the plea of delay in trial, the court said,”No doubt, quick justice is sine-qua-non of Article 21 of the Constitution, but when grave present case is committed by the police officer, the ground of delay of disposal of cases or miscarriage of justice as pointed out in the otherwise would not scuttle the miscarriage of justice, similarly, we are of the view that in given facts and circumstances of this case, the accused themselves would be laible to be blamed for the delay if any,” Dismissing the appeal of Lallan Choudhary and others, the apex court also said, “Hence the police officer concerned is duty bound to register the case on receiving information disclosing cognisable offence. Genuineness or credibility of the information is not a condition precedent for registeration of a case. That can only be considered after the registeration of the case. The police officer concerned cannot embark upon an inquiry as to whether the information laid by the informant is reliable and genuine or otherwise and refuse to register a case on the grounds that the information is not relevant or credible.”

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SC Dismisses The Review Petition Of Mrs. Swarup Sarkar

Here it is:

ITEM NO.CHAMBER MATTER                        SECTION XVIA

        SUPREME COURT OF INDIA
            RECORD OF PROCEEDINGS

REVIEW PETITION (C) NO(s). 735 OF 2007 IN T.P.(C) 32/2007

SUSHMITA SARKAR                            Petitioner(s)

              VERSUS

SWARUP SARKAR                              Respondent(s)

Date: 22/08/2007 This Petition was circulated today.

CORAM :
   HON'BLE Dr. JUSTICE ARIJIT PASAYAT
   HON'BLE MR. JUSTICE S.H. KAPADIA

                             By Circulation

      UPON perusing papers the Court made the following
                ORDER

                   The review petition is dismissed in terms of the signed

        order.

                   (Neena Verma)                           (Vijay Aggarwal)
              Court Master                         Court Master

                             Signed order is placed on the file.
             IN THE SUPREME COURT OF INDIA
              CIVIL ORIGINAL JURISDICTION

                   REVIEW PETITION (C) NO.735 OF 2007

                                  IN

                         TRANSFER PETITION (C) NO.32 OF 2007

Sushmita Sarkar                                    ....... Petitioner

                         Versus

Swarup Sakar                                       ....... Respondent

                     ORDER

          We have carefully gone through the review petition and the connected

papers. We do not find any merit in the petition for review. The same shall stand

accordingly dismissed.

                                                   ...................J.
                                                   (Dr. ARIJIT PASAYAT)

                                                ...................J.
New Delhi,                              (S.H. KAPADIA)
August 22, 2007.

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SC Sets Aside Yet Another 498A Conviction-Jun 2007

I sometimes wonder what would happen if the present crop of judges were to retire. Will the next generation of judges display the same clarity of thought and action?

Here is the link to the judgment:SC Sets Aside Yet Another 498A Conviction-Jun 2007

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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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Disclaimer:

The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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