Blog, stories and articles on personal issues and challenges faced by South Asians and Non Resident Indians (NRIs)

No punishment to blackmailers using 498A against NRIs


There are hundreds of victims of blackmail and extortion, involving NRI’s and Indian diaspora in the criminal cases registered in India, without any punishment to the blackmailer. NRI’s and Indian Diaspora families are separated from their near and dear ones in India. They can not invest
in India even if they want to invest in big way.

They have been prevented to visit India even for social or religious purposes for years till false cases are ended
for fear of arrest without bail and jailed without committing any offence or breaking the laws of land.

Abuse of anti-dowry laws has become serious enough that the United States Department of State has
published the following travel warning on its Web site, http://travel.state.gov, about “Dowry/Visa Demands” for travellers to India.

Angela Aggeler, a spokesperson for the State Department in Washington, D.C., says that “American citizens are often extremely desirable” to Indian families with marriageable daughters. Aggeler, who has lived in India, says she empathises with citizens in this predicament. “I know how complicated the law is in India,” she says. Aggeler says the State Department decided to publish the travel warning after receiving information from the three U.S. embassies in India as well as from local law enforcement agencies and global agencies such as Interpol

In this case; a false Criminal Complaint was registered in India against entire US Citizens family under section 498A with the collusion and connivance of the police and law enforcing machinery.

She did not disclose in the F.I.R ” that the Divorce proceedings were going on against her in US court and she had filed her response in September 2002 asking for Rs. one crore as alimony alternatively restoration of conjugal rights.

Complainant had also sought assistance of “abused women’s” organisation in US in her divorce matter, but the organisation’s lawyer withdrew as soon as it became clear that her case was based on Blackmail and Extortion.

She has not made any allegations ( such as made in the police complaint in India ) to the US women’s organisation’ or US police.This is clear evidence of manipulation, misuse and naked abuse of Indian Legal and Judicial System by the unscrupulous woman in collusion with corrupt Indian Law enforcing machinery for Extortion.

Matter is legally very simple, that the marriage was solemnised in US. They lived in US after marriage and never visited India together.The divorce was also decided according to US laws by US Court. The Indian Courts have no Jurisdiction at all is clear.

The criminal proceedings have been launched under Indian Dowry Prohibition Act, and section 498A under which the competent authority to deal with such matters is designated as “Cruelty Against Women’s” Cells.Even Commissioner of Police has no authority to deal with these complaints directly."CAW” Cells have to look into the complaints and thoroughly investigate and justify the prosecution of accused. “CAW” Cells after full Investigation have to hand over the case to police for the prosecution.In Mumbai, the “Maharashtra Commission for Women” (MCW) is the designated competent authority. The Officers designated to investigate the allegations before recommending prosecution by police must not be below the rank of deputy superintendent of police.
In this matter the assistant police Inspector has abused, over-riding all the legal authorities, designated by the legislation and registered the criminal case and launched prosecution with connivance and collusion of Indian Judicial Machinery

The marriage and the divorce including the allegations in this matter are subject to US legal Jurisdiction. Nothing in this matter happened within the Jurisdiction and territory in India.

The Courts in India have no jurisdiction at all to proceed and prosecute foreign national for the offences allegedly committed by him in his own country. Indian courts are not the International Court of Justice. The conduct of law enforcing machinery in India, in this matter is most irresponsible and undesirable.

The residential property used as vacation home in India was searched without obtaining necessary search warrants from higher authorities or informing to local police jurisdiction by the said assistant Inspector of police. Under Article 226 of Constitution of India, the Prosecution has no Jurisdiction to even investigate the alleged offences even if TRUE.

Under section 177 of criminal procedure code 1973 of India; ,No part of cause of action arose within the jurisdiction of the court where the complaint was filed and Non-bailable arrest warrants were obtained against entire family of US citizens without any investigation or evidence and arrest warrants executed.The entire proceedings have no foundation, and this is the question of law regarding lack of Jurisdiction.

Section 188 states that courts in India can not take cognisance of any offence against foreign national without “Previous approval of central government ministry of External Affairs".

There is also no evidence that any attempt is made to obtain approval or any attempt was made, to inform to higher authorities, so far as required by law. Even higher authorities in police department of government of Maharashtra were not informed about arrest of foreign nationals.

Under Section 406 of Indian Penal Code 1860 the alleged acts which took place beyond the territory of India, even if assumed to be correct does not make out the case to proceed against the accused. An FIR can only be filed in the court of concerned area to who’s jurisdiction the offence has occurred.

Under Section 482 of India’s Criminal Procedure Code 1973, the courts in India has no jurisdiction to entertain the complaint even if allegation there in are accepted in Toto.

Domicile is the key to matrimonial proceedings.This was held by the bench of Bombay High Court, comprising Justices S.B. Mhase and Dilip Bhosle. They held that, “Domicile is essential condition for both the bride and groom were domiciled in India at the time of their marriage being solemnised in India” They also held that,
“Even if one of the spouse is not domiciled in India at the time of alleged marriage even if assumed that marriage took place in India, the proceedings in India are bad in Law.

The obligations under Article 36 of Vienna consular Convention Treaty of which India is signatory were also not honoured after arrest and confiscation of passports of foreign nationals by the Mumbai police authorities.

None of the offences shown in the FIR registered by Indian Police were committed within the jurisdiction of the said Police Station. The FIR clearly indicates that the alleged offences took place in New York USA. The FIR does not disclose Prima-Facie offence taking place within ,the jurisdiction of India.

The case registered by the Assistant Police Inspector is a criminal conspiracy ,criminal intimidation and framing of incorrect records and writings by Public Servant. This offence is punishable under section 218, 506, 167 and 120 B Indian Penal Code.

The complainant is also liable to be prosecuted and punished under Sections 177,181, 182,191, 193,195,200,211,383, 385,500 504 and 506, for filing false and fraudulent complaint for Blackmail and Extortion.

The Indian Passport in the hands of such Dangerous manipulator who dares to fool the law and Law Enforcing Machinery need to be withdrawn, Ministry of Home Affairs.

The passport need to be impounded or revoked for the offences involving MORAL TURPITUDE under section 10 (3) © (d).(e) (h). of Passport Act.

Misuse and Mockery of Indian law and Judiciary must be stopped and Blackmailers punished.

Gope Lalwani

NRI Divorce® 2006-2010