Archive for the 'RICHA KAPOOR' Category

Clarification On NRI Divorces

I am revisiting an old case, the YN Rao vs Venkatalaxmi, NRI divorce case. The crux of the matter is that the Supreme Court has stated, according to the article in TOI given below, that a foreign court has no authority to dissolve a marriage under the Hindu Marriage Act, IF, the person who filed the case in the foreign court is not domiciled (a permanent legal residence) in the jurisdiction of the foreign court.

Here is the link to the YN Rao Vs Venkatalaxmi judgment

Please read this article to understand what the court meant.

Finally read this post to understand the reality of broken NRI marriages and Indian court judgments

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Students Who Find Jobs Abroad To Be Taxed

This is a deviation from 498A and related issues, but it fits in with the idiocy that appears to have taken over some of the ministries of the GOI. This time, it is the HRD ministry.

Here is the article

Basically the HRD ministry, headed by the accused in a 498A, Arjun Singh, has come up with another asinine proposal whereby students who graduate from the IITs and the IIMs (maybe other places too) will now need to pay if they find jobs in other countries. They are planning to call it “graduate tax” and “exit tax”,

If the country needs money so desperately, sure, no problem. I am sure the students will willingly pay taxes. Would GOI also consider widening the tax base to include, the friends and relatives of the ruling establishment? I guarantee that this will definitely bring in more money into the treasury than the taxing a few students.

GOI should remember, that it is the Indian students who have gone on to hold high positions in high tech US companies, and it is they who are contributing to the outsourcing boom in the country by steering business to India.

Any moron who suggests that expat students have not given back to their motherland, is just that, a moron.

Just another question. All of us pay taxes regularly and honestly. No choice there as we are taxed at source. The question I have is, what has the GOI given back to us, the average citizens? We can’t even walk into a govt office without having to pay a bribe.

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The Judgments Of Justice Shiv Narain Dhingra

Matrimonial home is  not just a building made of bricks and walls. It is a home/place comprising of sweetness of relations of family members and elders, full of blessing.

-Justice Shiv Narain Dhingra

Justice Dhingra was a judge of the Delhi High Court. I learned about him from an article written by the Indian feminazi, Indira Jaising, to tarnish his reputation. As I read his judgments, I realized that he is an upright judge and Indira Jaising was maligning him with some silly but vicious motive.

Here is the link to that article by Indira Jaising: “It was a crime that I was born a woman”.

While talking about Indira Jaising, click here to know what she did to a lady in violation of article 21 of the Indian Constitution, and in disregard of the right to due process (Indira Jaising had a woman whose brother was having marital issues jailed. The lady was released after her brother paid his estranged wife $100,000).

Read this article to know more about Justice Dhingra:

http://www.rediff.com/news/mar/17rai3.htm

The same in pdf format if it disappears:

Rediff on the NeT: The judge who took on Parliament and politicians

Justice Dhingra took many steps to end the extortion in the name of Section 498A in Delhi. He started with the judgment that changed it all:

Smt Neera Singh (498A Income tax) Judgment of 2007.

Here is a post with what additional details I could find about him:

Justice SN Dhingra

Here’s his Linked in profile:

http://in.linkedin.com/pub/shiv-narayan-dhingra/29/293/597

The residents of Delhi have a lot to thank this judge for. Read the article below to understand what I mean:

Here is a collection of some of his most relevant judgments for fighting 498A cases. For the beleaguered lot entangled in 498A cases across India, these judgments are a gift from a god.

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SC Judgment: Maneka Gandhi Vs Union Of India (1978)

Folks,

This will be useful to those of you hounded by a Red Corner Alert or threats of Passport impoundment.

It was held that procedure established under Art.21 has to be reasonable and not violative of Art.14.

In effect, the SC interpreted this as a case for due process. The article from the Hindu is given below:

http://www.thehindu.com/2004/09/26/stories/2004092600471600.htm

This site has more info:

http://www1.umn.edu/humanrts/edumat/IHRIP/circle/justiciability.htm

Here is the judgment of the SC:

http://indiankanoon.org/doc/1766147/

Here is a pdf of the same for printing:

Maneka Gandhi vs Union Of India on 25 January, 1978

A warning! It is a 144 page judgment.

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SC: Stray Acts Do Not Constitute Mental Cruelty (1999)

Folks,

I came across this judgment. I really wish that divorce, as painful as it is, should be granted, if the grounds are reasonable. In this day and age, how does one live with a person who is unreasonable, be it male or female ?

In this judgment, divorce is not granted. However, the interesting thing about this judgement is that the SC says that one of the functions of the Womens Protection Cell is to mediate and attempt to bring about a reconciliation. For those of you, who are being hounded by the WPC, this judgment may be  useful in getting them back in line.

Here is the judgment:  Stray Acts Do Not Constitute Mental Cruelty

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What Is An Interpol Red Corner Notice?

Folks,

There is not a lot of clarity about what a Red Corner Notice means. Here is an explanation from the Interpol Press Office. Also, if you are facing an Red Corner Notice, most western countries will not just put you on a flight and deport you. There are quite a few formalities that need to be completed and a local judge needs to be convinced that you have done something terribly bad to deserve to be deported. And if you choose to fight the extradition, the other side will need to spend a LOT of $$$$ to really get you out. So, if some one is threatening you with a Red Corner Alert, then wish them the best and go about your life. The only drawback is that you may not be able to go back to India. One last thing, you may be able to get a stay on the NBW so the Red Corner Alert is moot. Again, cross check with lawyers who are well versed in all this.

Here is a link that contains information about the different notices: Interpol Notices

DIG Vinay Ranjan Ray Explains The Process Of Having An RCN Issued

You can read about NRIs and Interpol’s most wanted here:

Interpol’s Most Wanted – NRI Grooms Not Amongst Them

For those of you in the US, don’t worry about extradition or what ever. The US is one country in the world where due process is still given primary importance. Here is an an entry from the Dept Of Justice Handbook for prosecutors.

Here is the link to the US DOJ procedures on extradition.

For those of you in the US, here is an interesting link to a Bloomberg.com News article on US extradition.

More Information: http://www.interpol.int/Public/ICPO/LegalMaterials/FactSheets/FS13.asp#1

Here is a link to the CBI website if you want to check if your handsome face is posted on the wanted list.

Technically, what is an Interpol Red Corner Alert ?

  • It is one of the ways in which Interpol informs its 186 member countries that an arrest warrant has been issued for an individual by a judicial authority.
  • It is not an international arrest warrant.
  • The individuals concerned are wanted by national jurisdictions and Interpol’s role is to assist national police forces in identifying or locating those individuals with a view to their arrest and extradition.
  • Red Notices are only issued to Interpol member countries if the requesting National Central Bureau (NCB) has provided all the information required by the General Secretariat, including details of a valid arrest warrant for the country in question.
  • Interpol’s General Secretariat does not send officers to arrest individuals who are the subject of a Red Notice.
  • Many of Interpol’s member countries however, consider a Red Notice a valid request for provisional arrest, especially if they are linked to the requesting country via a bilateral extradition treaty. In cases where arrests are made based on a Red Notice, these are made by national police officials in Interpol member countries
  • Interpol cannot demand that any member country arrest the subject of a Red Notice..

In reality, if you are an Indian national, what would a Red Corner Notice mean to you? (The answers are given by a couple of guys who commented on this blog)

A red corner notice is actually “a spot out device on the immigration computer”. When a passenger checks in or checks out of India at the international immigration counter, the moment the passengers passport number is fed in ”a red flag appears” beside it to alert the immigration officer that this person is wanted by the police of any police station in India.The passenger is detained irrespective of nationality and the airport police take that passenger away to the nearest police station, for the sole reason of extorting money by any means. The highest rate is an American national, second comes a brutish national, because the conversion rate of the dollar and the pound is the best to bargain so the passengers of these nationalities are supposed to be gold nuggets for the immigration officers who are always on the prowl to make a buck. A criminal nexus is then arranged between the immigration officers and the police and the passenger is harassed in every possible way!

“Look-Out-Circulars” by Indian police are posted at every airport in India to catch innocent people who are entering India through any international airport while getting their passport checked. These stations are at Raja- Sansi -Amritsar, IGI Airport Delhi. Bombay, Calcutta and Madras. The moment your passport number is entered a red flag appears beside your name and your case details come up on the screen after which being detained for hours you are taken to a police station where your passport will be detained and given back to you only after you pay a hefty bribe to the concerned officials beware!!!!

Read the comments on this post to understand more.

News Articles:

Also, read this to understand and survive this mess, if you are a non resident Indian national facing a 498A: A Guide To Surviving IPC 498A

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Justice Dhingra Quashes A 498A FIR

Folks,

I came across this judgment by Justice Dhingra quashing a 498A . This was a case of compromise between the hubby and wife. Nothing special about this judgment.

You can read it here: Justice Dhingra Quashes A 498A FIR

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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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