NRI's RELATED DEMANDS
1. 498a/406 should not be allowed to be filed if the family (husband-wife) residence is not in India. When we live in a foreign country, we are liable to follow that country’s rules.
Or
If complaint is filed in India, FIR should not be registered unless investigated and recommended by an officer who understands NRI issues. NRI ministry can get such officers appointed and can even work through consulates to investigate. All complaints, even against NRI’s family in India should be routed in this manner and generally discouraged.
Investigation could be done using modern technology without disrupting our careers.
NRI’s contribute significantly to national wealth and reserves of India. There are Govt. agencies to help with investment etc and get our money back to India but no laws to protect us from this legal extortion in the name of dowry laws.
2. No LOC (Look Out Card) should be opened in dowry cases and thus there should not be threat of arrest on arrival at airport. This is totally unnecessary and only causes further torture and expenses in anticipatory bail etc to the victim. It discourages them from returning to join investigation at a later date.
3. Ministry of external affairs should not take any action without routing through NRI ministry which we hope will be more aware and sensitive to our specific problems and issues.
4. Law should be made, judiciary should be instructed to not award maintenance to wives without taking into account different cost of living index in different countries.
High maintenance awarded by courts only considering salary of NRI in Rupees, is illogical and motivates many to file false cases.
5. Lot of times problems arise on failure to provide visas to spouse immediately. Government agencies must disseminate information on visa regulations and availability, waiting times in different countries etc.
6. Families of NRI’s, especially who married through internet sites & love marriage, and hardly ever lived with the couple should be discharged at the investigation stage itself. This can be achieved by educating the Investigating officers and higher ranking police officers who can issue directions to IO’s. The police could be directed to contact an advisor or NRI cell formed in the NRI ministry. They could be instructed to not file FIR unless verified by NRI cell.
7. Guaranteed speedy and fair trial of cases involving NRI’s as getting sucked into prolonged litigation in India keeps most NRI’s from returning to India to defend themselves. This threat is a major tool of blackmail & extortion by unscrupulous wives. Under present system, a hard working educated person will have to quit his job, leave everything he worked for in his life to fight a false dowry case in India.
8. Ensure guaranteed speedy disposal of cases involving NRI’s and stop the practice of routinely confiscating passports and placing stringent & unnecessary travel restrictions on NRI’s at time of bail.
9. A complaint u/s 498a should not be allowed when couple did not reside in India for considerable time after marriage.
10. No denial of consular services like passport renewal, attestation etc by MEA/consular offices abroad.
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