NRI Marriage Issues and FAQ...

[saurabhjaglan]

Question: Who is an NRI?
Answer: An Indian person residing in another country. An Indian citizen who stays abroad for employment or business or takes up a vocation outside India or who stays abroad under circumstances indicating an intention to stay there for an uncertain period, is NRI – non-resident Indian.Question: Who is a PIO?
Answer: A person of Indian Origin but a citizen of that other country when (i) he, at any time, held an Indian passport, or (ii) He or either of his parents or any of his grandparents was a citizen of India by virtue of the Constitution of India or Citizenship Act, 1955 (57 of 1955).
Note: A spouse (not being a citizen of Pakistan or Bangladesh) of a person of Indian origin is also treated as a person of Indian origin.Question : Who is OCI ?
Answer: An Overseas Citizen of India (OCI) status can be applied for by all overseas Indians who migrated after 26th January, 1950, except those who are now settled in Pakistan and Bangladesh. Those applicants who are granted OCI receive a lifelong multiple entries to India. The OCI seeks to remove the obstacle in travel to and from India and permit investments in business ventures and foster a greater sense of belonging.

Privileges enjoyed by Overseas Citizens of India

Lifelong visa to India for any number of visits, and for any purpose.
Enjoy the same benefits as NRIs in economic, financial and educational fields except in purchase of agricultural property.
Once a Person of Indian Origin (PIO) gets OCI, he is issued a registration certificate and an overseas citizen passport. This passport along with the passport of the country of which he is resident and citizen is necessary for travel to India.
Exclusion from registration with the FRRO.

The OCI status however does not confer any political rights, or entitle him/her to enjoy the rights extended to an Indian citizen under Article 16 of the Constitution. Persons registered as OCI cannot contest in election to either House of Parliament or state council or assembly or hold Constitutional posts such as President, Vice President, and Judge of the Supreme Court or High Courts. The OCI registration certificate, which is printed like the Indian passport, carries an OCI visa sticker on the holder’s foreign passport.

Question: What is the NRI marriage?
Answer: Marriage between Indian woman from India and an Indian man residing in another country (NRI-nonresident Indian), either as Indian citizen or as citizen of that other country (when he would legally be a PIO-person of Indian origin) is generally called NRI marriage.

[saurabhjaglan]

Question: What type of problems may appear in NRI marriages?
Answer: The following type of problems may arise out of the NRI marriages if precautions and vigil is not taken into consideration:-

Woman married to NRI may be abandoned even before being taken to the foreign land where her husband resided.
She may be moved to her husband’s home in other country only to be brutally, battered, assaulted, abused both mentally and physically, malnourished, confined and ill-treated by him in several other ways.
She or her parents may be held for ransom to pay huge sums of money as dowry, both before and after the marriage and they may be coerced to bear the expenses of the travelling documents of the groom & bride for abroad and later paying heavy dowry for her stay and for her safety in her husband’s country of residence .
She may be abandoned in the foreign country with absolutely no support or means of bare sustenance or escape and without even the legal permission to stay on in that country.
She may became victim of bigamy by her husband after finding that he was already married in the other country to another woman, whom he continued to live with. He may have married her due to pressure from his parents and to please them or sometimes even to use her as a domestic help or to extract dowry from her parents.
She may found later on that her NRI husband had given false information about his job, immigration status, earning, property, marital status and other material particulars, just to cheat her to perform marriage.
Her husband, taking advantage of more lenient divorce grounds in other legal systems, may obtain ex-parte decree of divorce in that country through fraudulent representations and/ or behind her back, without her knowledge, after she is sent or forced to go back to India or even while she was still there.
She may be denied maintenance in India on the pretext that the marriage had already been dissolved by the court in another country.
She may be coaxed to travel to the foreign country of the man’s residence and get married in that country, who later on discovers that Indian courts have even more limited jurisdiction in such cases.
She may be forced to fight horrible legal battles for custody of her children and for child support, and to bring them back with her after she is divorced or forced to leave, sometimes even facing charges of illegally abducting her own children.

Question : What is Interpol & what is its role in dealing with NRI or PIO?
Answer: CBI has been notified as the Interpol of India. The International Police Criminal Organization (ICPO or Interpol) has emerged as an important institution for strengthening cooperation amongst law enforcement agencies of various countries. As Interpol of India,

CBI acts as an interface between the law enforcement agencies of India and other countries to ensure such cooperation.
It facilitates exchange and sharing of information by these agencies.
It also gets the red notices of the fugitive criminals, wanted in India, published.
It also plays a role in negotiation and finalization of Mutual Legal Assistance Treaties (MLATs) and Extradition Treaties between India and other countries.
CBI also facilitates execution of Letter of Requests for Investigation in India and out of India.

[saurabhjaglan]

Question: What is a Green card?
Answer: A United States Permanent Resident Card , formerly Alien Registration Card or Alien Registration Receipt Card , is an identification card attesting to the permanent residence status of an alien in the United States. It is known informally as a green card because it had been green in color from 1946 until 1964, and it has reverted to that color since May 2010Question: Which are the documents required to be checked carefully by the bride before going abroad?
Answer: Stamping the passport:
The lady’s passport has to be stamped with the name of the person whom she has married and details of when and where the marriage was solemnized; only this will provide her the legal sanctity in any country.Question: How can one verify the facts about the Groom?
Answer: You can verify the following documents and keep a Photostat copy/scanned copy of the following documents of the Groom for his verification

Visa, Passport
Voter, alien registration card
Social Security No.
Tax returns of last 3 years.
Bank Account No., statements
License No.
Property Documents
Marital Status
Employment details (qualification, post, salary, address of the Office, employers and their credentials)
Immigration Status(type of Visa, eligibility to take the spouse to the other country)
Criminal antecedents
Family background

Question: Whom to report in case of harassment on the foreign land?
Answer : The woman can report to the Police, other state authority, helpline ,legal aid bodies, social support groups & the Indian Embassy in that country about the harassment she is suffering.Question : Is there any safety plan to follow in case of need?
Answer: Yes, she can plan a ‘Safety Plan’ for her safety keeping following points in her mind

Carry the certificate/photocopy of the marriage at all the times.
Gets an Affidavit from the spouse stating present marital status.
Visit on an insurance cover before arriving in the new overseas residence.
Insist on a health insurance cover before arriving in the new overseas residence.
Publicize the marriage and have a social marriage ceremony in India to prove her marriage.
Try to arrange for a bank account for the bride in the foreign country for her to be able to withdraw money in case of emergency.
Have a bank account exclusively in her name near her residence (in the foreign land) that she can use in case of any emergency.



Must have the contact details, emails ids of Police, State authority, helpline, Indian Embassy at the foreign land, Indian welfare officers, social support groups etc. and try to memorize a few important no’s.
Should have the knowledge of the laws of the foreign country and the rights she can enjoy there and protections provided to the victim of domestic violence or abuse.
To equip with the professional/vocational qualifications and skills to be economically independent.
To equip with social skills to be able to develop the contacts with the neighbors & other persons
Keep in touch with the relatives and friends regularly and hint them to get alert if no communication from her side.
Learn the language of the foreign country to ask for help in the emergency situation and make other persons to understand her problem.
The passport should never be given to any unauthorized person.
Doing all the paperwork for issue of visa and other required formalities at your end. It is always better to go on independent visa, never trust the second person in remembering the duration of your visa or getting it renewed as the visa laws are very stringent in many foreign countries. In case of dependent visa in some of the countries you will not be able to work, find job for livelihood and your visa will be renewed by your husband’s willingness only.

[saurabhjaglan]

Question: What are the main points to be followed by the parents of the girl before fixing the marriage to an NRI?

Answer: The main points to be followed by the parents of the girl before fixing the marriage to an NRI are as under:1. Insist on a registered marriage along with the religious marriage to be solemnized in India with adequate proof like photographs etc.
2. Avoid hasty and secret proceedings and blind faith on match makers such as middleman, matrimonial, advertisement etc.
3. Avoid tech-marriages through phones and e-mails.
4. Equip the woman with knowledge of the laws of the foreign country and the rights she can enjoy there, especially against any form of abuse or neglect, including domestic violence. She should try to get residence permit and other protections as a victim of domestic violence or abuse.5. Have a bank account exclusively in her name near her residence (in the foreign land) that she can use in case of any emergency.6. Leave photocopies/scanned copy of all important documents of married couple i. e. Passport, visa, bank and property documents, marriage certificate and other essential papers and phone numbers with parents or other trustworthy people in India or abroad.7. Try to keep a photocopy of husband’s personal details including passport, visa, property details, license number, social security number, voter or alien registration card, among others.

Marital status: if he is single, divorced or separated?
Immigration status, type of visa, eligibility to take spouse to the other country.
Financial status such as properties said to be owned by him in India.
Permanent residence address and Family background.
Criminal antecedents, if any.

8. verify the details and authenticity of particulars submitted about the groom.

Visa, passport
Voter or alien registration card
Social security number
Tax returns for the last 3 years
Bank account papers
Property papers
Medical Reports

9. Check the Professional Details of the groom:

Educational qualification
Post and salary
Address of office
Employer and their credentials

10. The groom should be asked to get an affidavit in the country where he is residing and get it certified at the Indian embassy there. After submitting a copy there, he should get that original affidavit certified by the Indian embassy in abroad to India for marriage. The affidavit should contain the following details clearly

Name of the bride or groom
Date and place of birth
Father and mother's name
Details of the passport and the photocopy of the same attached
Visa details and photocopy attached
Green card (U.S)/ Permanent Resident status (if any), should be specified and a photocopy of any document proving it should be attached
Social security number (U.S)/ financial details including bank account, bank address should be specified and any paper supporting it should be attached
Temporary or work address with three months electricity/ landline phone bill
Permanent address in India and in the country of where he/she is residing (if any immovable property is there).
Employment details—details of the jobs in the foreign country for the last three years
Marital status—unmarried/ divorcee/ widower
Declaration-specifying that he is not suffering from any
hazardous/ communicable disease and the time of signing the affidavit
( if possible a full health checkup report can be submitted)

11. Do not agree for a place in foreign country to perform marriage.12. Not to be coerced into acceding to dowry or any other Unreasonable demand made by or on behalf of Groom in Order to end the marriage by desertion. Inform officials immediately if being forced to do so

[saurabhjaglan]

Question: What is the government doing to prevent such offences?
Answer : The max no. of frauds/harassment cases of NRI Marriages is reported in Punjab. The Punjab govt. is set to implement a strict law to check frauds being committed by the NRI grooms who desert their wives immediately after marriage and disappearing in the foreign land the new law will stipulate the complete verification of the NRI seeking to marry a girl from India, a compulsory registration of such marriages besides sifting of such details from Indian consulate from the country from where NRI has come. A website http://www.crimeagainstwomen.co.in (http://www.crimeagainstwomen.co.in/) & a helpline no-0181-2221645 is launched which is monitored by the Inspector General of Police and the victim women will be given justice in a time bound manner. CM Punjab said that with the help of tracking system they would track of offender NRI. It was suggested that to build up the social pressure on the families of offending NRIs the names and photographs of the offending person should be put on the website so as to mend their ways. Other State’s govt. may follow the example set by the Punjab govt.
Scheme for giving legal /financial assistance to Indian women deserted by their overseas Indian spousesThe objective of the scheme is to provide some financial assistance to needy women in distress who have been deserted by their overseas Indian spouses for obtaining counseling and legal services. The counseling and legal services would be provided through credible Indian Women’s Organizations/Indian Community Associations and NGOs identified for providing such services and empanelled with the Indian Missions in the USA, the UK, Canada, Australia, New Zealand and the Gulf.Question: What is Look out Circular and when is it issued?
Answer: LOC is interpreted as a communication received from an authorized Govt. agency with reference to a person who is wanted by that agency for fulfillment of a legal requirement,
1. To secure arrest of person evading arrest,
2. To nab proclaimed offender,
3. To facilitate court proceeding by securing presence of under trials who are on bail.
4. LOC is opened at the instance of a competent authority authorized to do so only after examining the fact that the person concerned is either a wanted or a suspect.
5. Courts also open LOCs on various legal matters.
6. Besides, different courts also issue these communications in the form of LOCs including LOCs against that person who evade their presence in the Court of law during the course of judicial trial.
LOCs are based on the originator’s request who sent the communication to various immigrations check posts on the basis of substantive/procedural laws viz IPC, Cr.P.C., Custom Act, Income Tax Act, NDPS Act, etc. All these communications are related to accused/suspected persons wanted in some cases, there is a specific Performa in which a request must be made for opening of an LOC and this should be issued "with the approval of an officer not below the rank of Deputy Secretary to the Government of India/Joint Secretary in the State Government/Concerned Superintendent of Police/D.C.P. The "concerned authorities" are stated to include "the Ministry of Home Affairs, the Customs and Income Tax Department, Directorate of Revenue Intelligence, Central Bureau of Investigation, Interpol, Regional Passport Officers, Police Authorities in various States etc."
Apart from the Central Government and the State Government, there is no other authority on whose request an LOC can be issued.
LOCs are issued to check the arrival/departure of foreigners and Indians "whose arrival/departure has been banned by the concerned authorities". Initially it is effective for one year which can be extended for another year on the originator’s request or may be closed as requested by the originator of the LOC.

[saurabhjaglan]

Question: What is red corner notice and when is it imposed?
Answer: It is a notice published by the Interpol Headquarters at France on the request of a member country for tracing a fugitive in a criminal case by all the law enforcement agencies of the member countries.If such a fugitive is traced, the requesting country is informed for taking steps for extradition of the fugitive. A perusal of Interpol documents regarding issuance of RCN would show that the RCN / 'wanted notice' are published in respect of offender wanted at international level and it requires that the subject may be arrested in certain country with a view to extradite him to the country where he is wanted and following conditions are to be fulfilled: - The person against whom the notice is to be published has committed an offence against ordinary criminal law.
- The offence is an "extraditable offence" under the Indian Extradition Act, 1962. It is apparent that the offence for which an RCN can be issued must be extraditable offence in the country where the offence is originated and in the country where person is located and a warrant of arrest against the person had been issued. The RCN requirements provide that the request has to be made to the country if the country is linked by Bilateral Extradition Treaty or by any other Convention or Treaty containing provision of Extradition Treaty.

Question: What is extradition?
Answer: Extradition may be briefly described as the surrender of an alleged or convicted criminal by one State to another. More precisely, extradition may be defined as the process by which one State upon the request of another surrenders to the latter a person found within its jurisdiction for trial and punishment or, if he has been already convicted, only for punishment, on account of a crime punishable by the laws of the requesting State and committed outside the territory of the requested State.CBI Interpol plays a limited role in such matters.The Ministry of External Affairs (MEA) is the nodal agency for extradition of fugitives.CBI Interpol can help the law enforcement agencies in tracing/locating the fugitive so that it can make a formal request for extradition of the fugitive to the MEA.A court considering an extradition case can only decide four issues:
(1) whether the extradition documents on their face are in order,
(2) whether the petitioner has been charged with a crime in the demanding state,
(3) whether the petitioner is the person named in the request for the extradition, and
(4) whether the petitioner is a fugitive.
To determine whether an individual can be extradited pursuant to a treaty,
the language of the particular treaty must be examined.
Most treaties contemplate that for an offense to be subject to extradition, it must be a crime under the law in both jurisdictions. This is called the doctrine of double criminality.
The name by which the crime is described in the two countries need not be the same,
nor must the punishment be the same;
simply, the requirement of double criminality is met if the particular act charged is criminal in both jurisdictions.
The doctrine of specialty is also often applied even when not specifically stated in a treaty.
It means that once a person has been surrendered, he or she can be prosecuted or punished only for the crimes for which extradition was requested, and not for any other crimes committed prior to the surrender.
Although the specialty principle was not specifically enumerated in the treaty that allowed the extradition.
Extradition plays an important role in the international battle against crime. It owes its existence to the so-called principle of territoriality of criminal law, In India the provisions of Indian Extradition Act, 1962, govern the extradition of a fugitive from India to a foreign country or vice-versa. The basis of extradition could be a treaty between India and a foreign country. Information regarding the fugitive criminals wanted in foreign countries is received directly from the concerned country or through the General Secretariat of the ICPO-Interpol in the form of red notices.
The Interpol Wing of the Central Bureau of Investigation immediately passes it on to the concerned police organizations. The red notices received from the General Secretariat are circulated to all the State Police authorities and immigration authorities the Police on receipt of information regarding a fugitive criminal wanted in a foreign country Action can be taken under the Indian Extradition Act Article No. 34 (b) of 1962.
This act provides procedure for the arrest and extradition of fugitive criminals under certain conditions, which includes receipt of the request through diplomatic channels ONLY and under the warrant issued by a Magistrate having a competent jurisdiction.
Action can also be taken under the provisions of Section 41 (1) (g) of the Cr.P.C., 1973 which authorizes the police to arrest a fugitive criminal without a warrant, however, they must immediately refer the matter to Interpol Wing for onward transmission to the Government of India for taking a decision on extradition or otherwise.
In case the fugitive criminal is an Indian national, action can also be taken under Section 188 Cr.P.C., 1973 as if the offence has been committed at any place in India at which he may be found. The trial of such a fugitive criminal can only take place with the previous sanction of the Central Government.
Extradition request for an accused/ fugitive can be initiated after chargesheet has been filed before an appropriate Court and said court having taken cognizance of the case has issued orders/directions justifying accused/fugitive's committal for trial on the basis of evidence made available in the charge sheet and has sought presence of the accused/fugitive to face trial in the case.
Extradition treaties often provide exceptions under which a nation can refuse to surrender a fugitive sought by another nation.
Many nations will not extradite persons charged with certain political offenses, such as Treason (http://legal-dictionary.thefreedictionary.com/Treason), Sedition (http://legal-dictionary.thefreedictionary.com/Sedition), and Espionage (http://legal-dictionary.thefreedictionary.com/Espionage). Refusal to extradite under such circumstances is based on the policy that a nation that disagrees with or disapproves of another nation's political system will be reluctant to return for prosecution a dissident who likewise has been critical of the other nation.Question: If the wife was harassed by her husband and in –laws and husband has given divorce to her by the foreign land law which is uncontested by her. Can she file a complaint against her husband in INDIA?
Answer: according to the decision of Hon’ble Supreme Court of India in the case of Smt. Neeraja Saraph vs. Shri Jayant Saraph, where the court had suggested the need to consider legislation safeguarding the interests of women. It has suggested three specific provisions namely,
1) No marriage between an NRI and an Indian Woman, which has taken place in India, may be annulled by a foreign court
2) Provision may be made for adequate alimony to the wife in the property of the husband both in India and abroad
3) The decree granted by Indian courts may be made executable in foreign courts both on the principle of comity and by entering into reciprocal agreements like section 4A of the Civil Procedure Code which makes a foreign decree executable as it would have been a decree passed by the court.Question : Can Husband/wife opt for video conferencing?
Answer: Yes, any party can file application for video conference permission through a counsel but has to bear all expenses for it.Question: How the NRI can take part in counseling and mediation sessions?
Answer: The NRI is requested to participate through his representative authorized by him through the written authorization letter signed by him to take part in various counseling and mediation sessions on his behalf to resolve the marital dispute amicably.Question: What is the impounding of the Passport?
Answer: "Impound" means to keep in custody of the law. Section 10(3) (c) as providing a right to the holder of the passport to be heard before the passport authority and that any order passed under section 10(3) is subject to a limited judicial scrutinies by the, High Court and the Supreme Court.

[saurabhjaglan]

Question: Is a right to go abroad includes personal liberty?
Answer: The right of free movement is a vital element of personal liberty. The right of free movement includes right to travel abroad. The personal liberty within the meaning of Article 21 includes within its ambit a right to go abroad and consequently no person can be deprived of his right, except according to the procedure prescribed by law. Thus, no person can be deprived of his right to go abroad unless there is a law made by the State prescribing the procedure for so depriving and the deprivation is effected strictly in accordance with such procedure.

Question : What a wife can do if she has the information that her husband is going to leave India along with their children?
Answer : She can approach the concerned court for laying the directions in this regard then only police can act according to the prescribed procedure of the law.

Question: Is only impounding of the passport of the alleged accused the only way to resolve the marital dispute in case of NRI marriages?
Answer: No, only impounding of the passport of the alleged accused is not the only way to resolve the marital dispute in the case of NRI marriages

[saurabhjaglan]

Question: Names of the Organizations involved in rescue & rehabilitation of the victim of violence?
Answer:
Ministry of Overseas Indian Affairs
9th Floor, Akbar Bhawan, Chankya Puri
New Delhi - 110 021, India
Phone Number: +91(11) 2419 7900
Email: contact@overseasindian.in

and
National Comission for Women
4. Deen Dayal Upadhayaya Marg, New Delhi 110 002,
Phone # +91 11 23237166, complaint cell # 91 11 23219750
e-mail: ncw@nic.in

Apna Ghar, is a domestic violence shelter and support group in Chicago:
info@apnaghar.org
Asian Human Services Inc
http://www.ahschicago.org (http://www.ahschicago.org/)
Council of international investigation
Council Headquarters
office@cii2.org
There are few supporting and very helpful social worker organization in India mentioned below:
Voice of women and Families in India: Convenor: RMP
http://voiceofwomenindia.blogspot.com/
roshniper@gmail.com
AIDWA Central Office All India Democratic Women Association
aidwa@ndb.vsnl.net.in
website: http://fightbigamy.typepad.com/

New Delhi Ark Foundation
1061-B/12, Ward No. 7, Mehrauli, New Delhi- 110030
Tel: 011-26643015, 09899271187, 9999105702, 09868400784
Fax: 011-26643015

URL: www.arkindia.org
Email: mail@arkindia.org
Help-line numbers that are functional 24x7
011-26643015; 09899271187; 9999105702
09868400784
NRI Cell : ncw.nricell@gmail.com
Fax : 011-23236154 / 23236988
PABX : 011-23234918Council of international investigation
Council Headquarters
2150 N. 107th St., Suite 205
Seattle, Washington 98133-9009 USA
USA and Canada toll-free: 1-888-759-8884
Phone: 1-206-361-8869
Fax: 1-206-367.8777
E-mail: office@cii2.org

[saurabhjaglan]

IF still the issue persists then you may contact (Delhi) for any advise and contact details of concern person in relevant departments from us .

Saurabh Jaglan : 9971 569 769

Advocate Rajnish antil : 9717 057 200 ( Delhi ) , 094160 86927 (Haryana)

from last few years we have seen many fraud cases committed by NRIs. This is the time we should understand the law and act accordingly.

[ygulia]

some of the information is not correct such as :"Once a Person of Indian Origin (PIO) gets OCI, he is issued a registration certificate and an overseas citizen passport. This passport along with the passport of the country of which he is resident and citizen is necessary for travel to India."
The information in red is incorrect. No passport is issued to people holding OCI.

I did not read all of the information, It is my suggestion that whenever you you do cut and paste of information then you must provide the source for authenticity of the information.
Any how, thnaks for posting valuable information.

[saurabhjaglan]

Hi Yoginder bhai,

Good to see you..

Hows things going on??


Source :

http://www.spuwac.com/templates/SPUWCLanding/images/logo.jpg
www.spuwac.com

These are just the guidelines/ answers thats been issued by Government but at our end we follow 5 step rules to take care of such NRI cases.



Well these are the FAQs posted by
some of the information is not correct such as :"Once a Person of Indian Origin (PIO) gets OCI, he is issued a registration certificate and an overseas citizen passport. This passport along with the passport of the country of which he is resident and citizen is necessary for travel to India."
The information in red is incorrect. No passport is issued to people holding OCI.

I did not read all of the information, It is my suggestion that whenever you you do cut and paste of information then you must provide the source for authenticity of the information.
Any how, thnaks for posting valuable information.