Fraud committed by few of the Indian origin residents of USA by misusing the loopholes

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This representation is to bring to your kind notice the fraud being committed by few of the Indian origin residents of USA misusing the loopholes in the law.

1.Globalization and inter-country trade & commerce reduced the world to Global Village.  The job proposition in USA has seen many Indian origins dream of settling in USA. In light of this rapidly accelerating globalization and expansion of Indian communities in USA, there are many implications of this overarching phenomenon. One of the implications is marriages by these Indians residing in the USA.

2. USA & India have given utmost importance to the institution of Marriage.  But, few of Indian origin residents in USA have made it a mockery by engaging in fraudulent marriage with innocent Indian spouse. The gravity of the problems in these fraudulent marriages is being treated as ‘Family/matrimonial Dispute’.  However, the fact remains, it is much more than a family dispute which involves violation of human rights, inequality, etc.

3. Most of the Indian origin USA residents come to India and marry an Indian bride promising a bright and prosperous future and lures her into matrimony tie and later to be abandoned by him because he is either already married or having an affair with his girlfriend or the greed of easy money or under family duress to marry within community or due to pressure from his parents or to please them or it could be marriage of convenience, belief in astrology etc. The woman is brutally battered, assaulted, abused mentally, physically and monetarily, malnourished, confined and ill-treated and forced to flee or is forcibly sent back. The dispute in these marriages faces multiple problems like may be a divorce, maintenance, custody, etc due to cross-country and cross-cultural marriages.  The recourse to justice is greatly constrained and complex as they are governed not only by the Indian legal system under which they are married but also face the far more complex rules of private international law involving the legal system in the USA.

4. The menace of Indian origin brides/grooms residing in foreign countries (known as NRI in India i.e., Non Resident Indian) deserting their legally wedded spouses irrespective of regional, religion, caste and other socio-economic background is rampant in India. The instance of desertion and domestic violence against women married to NRI grooms are on the rise and has emerged as a unique form of violence against women and has now become a major social problem in India.  It does not matter whether the women are from progressive, educated families or from middle class.

5. Recognizing the enormity of problem and its domino effect on the deserted brides and their families, the government of India is constantly taking measures to curb such fraudulent marriage to help the victims.  The recommendations made by various committees set up by the govt of India, the News article, the study of National Commission for Women in India, recommendation by the Law Commission in India etc., establishes the facts of the suffering of these Indian spouses. The Government and the Supreme Court of India has recognized this menace and gave some relief to the spouses fighting for their rights and justice. Nevertheless, when the deceptive spouse is residing in a foreign country the Government and the Courts are helpless as it is beyond its territorial jurisdiction and in absence of a mutual treaty between the two States to curb such affairs is difficult.

6. Since there are no deterrent laws, these NRI grooms being aware of the loop holes of the laws of both the countries i.e., of their native land India and their adoptive land USA (country of residence) are taking advantage of it and exploiting for their personal gains.  The NRI spouse gives false information about his marital status, job, immigration status and other material facts etc., in order to lure the woman and her family in agreeing to the marriage and force them paying large sums of dowry and later abandons her.  He flees the country fulfilling his carnal desire, taking away the money, jewelry, articles etc. The battered married women do not have resources to put a strong fight to bring the culprits to face the trial before the courts for their wrong doings.

7. The problems faced by these women are as follows:

7.a.One of the major issues is bigamous marriage by the NRI husband. The husbands tend to hide his married status.  After marriage, the bride comes to know that her husband is married and living with his wife (in some cases with children).  He might have married the Indian bride under family duress to marry within community /due to pressure from his parents or to please them or it could be marriage of convenience,  belief in astrology, some men marry to use her as a domestic help or to extract dowry from her parents etc., the reasons are varied.

7.b. The NRI spouse get married in India, enjoy the royal treatment, take the dowry, have conjugal relationship with his new spouse and then simply abandons her fleeing away with cash, jewelry, etc and by leaving her pregnant (in some case) and dishonored.  The hopes and dreams of the women and the family are shattered and devastated. Then, they very casually send ex- parte or no fault divorce or annulment papers/orders from the foreign court.

7.c. Many a time woman married to NRI may be abandoned in India itself even before taking her to his resident country, by taking away her jewelry, cash , property, etc

7.d. Woman who reached the foreign country of her husband’s residence and waited at the international airport only to find out that her husband would not turn up at all.  If she was taken to his resident country, then she is brutally harassed mentally, physically and monetarily. Many a times, she is malnourished, ill-treated and confined. All these torture may be related to the demand for more and more dowry or to full fill his unjustifiable demand or to marry again to his girlfriend or to lead his bigamous life without any problems and the bride treated/used as a servant. Sometimes she after being brought to his resident country is sent or brought back to India on some pretext, and then never taken back.

7.e. She may be abandoned in the foreign country without any support or means of bare sustenance or escape or without a legal permission to stay on in that country.  

7.f. The women who after marriage is not taken by the husband to the USA is made to stay with her in- laws and later abandoned. She suffers from diverse form of violence from her in-laws like physical, mental, monetary and sexual abuse from male members of the in-laws family.  In some cases, the in-laws tried to convey a wrong notion to their husbands and instigated them to violence and ill-treatment. She is blamed for infidelity, chastity and being mentally unstable.

7.g. In many cases they are deserted just after few days of marriage without any reason.

7.h. If NRI husband send sponsorship to his wife, it is withdrawn at the last moment on some pretext thus disabling her from getting immigration. This again became the ground for NRI husbands to demand heavy cash from girl's parents to send sponsorship papers for their wives. If the wife by any chance succeeded in joining her husband abroad, her stay was either made miserable there or her stay was will-fully cut short.

7.i. An NRI marries an Indian bride knowing that the marriage is governed by the laws under which they are married and in case of any disputes it would be governed by the same law.  In spite of this, many husbands often use the lenient laws of USA and obtain ex-parte or no fault divorces from foreign courts. Due to this, the spouses live in dual status, being married in India and divorced in the foreign country. This becomes a weapon in the hands of the NRI husband to deny the rights of women who are dumped in India in case she initiates/initiated any proceedings before the Indian courts for protection of her rights and justice and if any orders passed the execution of the same will be impractical due to conflicting orders by US courts.

7.j. In certain cases, parallel Court proceedings are initiated on both sides in different countries. This leads to a conflict of jurisdictions and implementation of Court Orders becomes difficult. Even if an effective order is passed, enforcement hassles make the remedy more illusory than real.

7.k. In most cases many of the Indian spouses would not be aware of correct overseas addresses of spouses due to which notice of the Indian courts does not get served, without which the court cannot proceed. While the parallel proceedings in the foreign court would reach its finality and an order/s passed with or without serving proper notice on the Indian spouse knowing very well the disadvantageous position of women in fighting a legal proceedings in USA due to lack of legal knowledge, her inability to engage advocates due to the exorbitant fee charged,   financial constrain, travel restriction, lack of support, jurisdiction issues, immigration issues, etc.   While in most cases the legal cases in India are duly contested by the NRI spouse through his family members and advocates.  The sole purpose of obtaining the orders from the foreign courts is for defeating any orders of Indian courts and to make the litigation process more complex to frustrate the Indian spouse with multiple orders and jurisdictional issue by different countries.

7.l. The women who left her career, studies, etc., with a fond hope of raising her own family, silently suffers the physical and mental torture due to their cultural upbringing, sometimes as they are placed in a situation of utter helplessness, lack of social and monetary security, due to absence of any alternative support system, for the sake of children, etc reasons may be many and hoping that one day wisdom would dawn on her husband and would lead a happy life.

7.m. There are cases where the child is used as a ransom to corner the Indian spouses. Like filing custody cases in the USA courts and obtaining an exparte orders against the wife and then filing kidnap etc on the wife.  Issues relating to inter-parental child abduction. Legal recourse in such cases is difficult and undefined. India is not a signatory to The Hague Convention of 1968 on Child Abduction‟; hence, there is practically no law on the subject.

7.n. When a child is born in USA, he/she becomes its citizen.  This is also exploited by the father who with a malafide intention files for the custody of the child for legalizing his stay in the foreign country being the natural guardian and deprive the women of her rights on custody knowing that he stands in a better position in getting the custody orders as against his wife who lives in shelter, jobless, without support etc.  The women though well educated cannot work as she was dependent on her husband and has no work permit etc.

7.o. In most of the cases, wives are being wrongly alleged as flight risk, due to which USA courts do not allow the USA Citizen child to leave the county, state and USA Jurisdiction.

7.p. The problems faced by these victims are numerous social, moral, legal, religious, etc.  Above are few of the common problems faced by these victims.

8. The major issues and challenges faced by women trapped in these deceptive NRI marriages is that the women are unaware of the possibility of being abandoned by their husband. Indian women are financially, mentally and physically exploited by NRI grooms, and ironically, the victims have no laws to protect them. The Legal loopholes have brought untold misery for deserted spouse and they are more or less in a remediless position or inability to access justice, which amount to gross violation of Human Rights and equality of laws.

9. The aggravated risks in such marriages is much more when the woman is isolated in USA far away from her home in a new country, facing constraints of language, lack of knowledge of local police & legal system, lack of support network of friends & family, with no shelter, visa and monetary support etc.

10. It is important to state here that the NGO’s of USA such as Manavi& Daya who are working for South Asian Women's problems in USA has conducted a study on such fraudulent marriages by the NRI grooms who are resident of USA. As per their study, they get over 300 calls each year from women who are experiencing some form of violence from NRI spouses. This number is based on individual caseload from individual agencies.

11. AS narrated above there has been a rise in fraudulent NRI marriages.  The grooms having settled outside India take advantage of the fact that they are outside the jurisdiction of the Courts of India and in absence of bilateral agreements or treaties with USA on issues relating to marriage, divorce, child custody, maintenance etc are blatantly exploiting the vulnerability of the wife  and her family for fulfilling their illegal demands in conspiracy with their family. The most disheartening is that the gravity of this Fraudulent Marriage is treated as a family/matrimonial dispute. Whereas the fact is that it involves much more grave offences such as  rape/marital rape, bigamy, extortion, robber/theft, human trafficking, degradation and violence against women, violation of human rights, kidnapping etc.

12. It is pertinent to mention here that this is not a situation only to USA.  This is a situation which is prevailing in most of the countries where the Indian citizens have migrated.  This has become a lucrative way of making easy money thanks to the loopholes in the laws which are conflicting and complex. The Australian and Canadian Government has recognized the danger of these fraudulent marriages and are contemplating to take necessary measures.

13. The Supreme Judicial Court of Massachusetts has explained, marriage fulfills yearnings for security, safe haven, and connection that expresses our common humanity, civil marriage is an esteemed institution, and the decision whether and whom to marry is among life’s momentous acts of self-definition.” Good-ridge, 440 Mass., at 322, 798 N. E. 2d, at 955.  While that being so the above cases demonstrate how the conflict and loopholes of laws is being exploited by the USA residents.

14. Access to justice is the Fundamental Right Guaranteed to its citizens and other by all the countries.  clause 3 of the Article 2 of International Covenant on Civil and Political Rights (ICCPR) provides that each State party to the convention shall undertake that every person who’s Rights are freedom as recognized is violated, shall have a effective remedy.

15. The Right to Fair Trail is an essential in all countries respecting the Rule of Law. Both India and USA Courts strictly and in its true spirit follow this principle.  The Right to Fair Trial Rights is to ensure proper administration of justice. As a minimum, the Right to Fair Trial is the Right to Public Hearing, The Right to Counsel etc.  The Right of Fair Trial is enshrined in the Article 10 of the Universal Declaration of Human Rights and in the 6th Amendment to the United States Constitution. Due process of law requires that proceedings shall be fair.

16. The 14th Amendment of USA Constitution grants the Right to not to be compelled to defend a lawsuit in a remote jurisdiction unless a party’s action have made it fair play and substantial justice and due process requires that process be served upon the defendant before the defendant subject to personal jurisdiction.

17. From the cases enclosed, it is crystal clear that the USA residents  are by-passing the Indian  forum  and using and bringing  action in USA forum knowing it would give him relief or benefits which otherwise  would not be available to him in the Indian  forum. He gets his case into the USA Courts, at no cost or at a minimal cost to himself and at no risk of having to pay anything to the other side.  All this means that the victim can be readily forced into a settlement. The USA resident holds all the cards to corner the victim.

18. In view of the above laws, below are the instances, which exhibit how these Indian origin residents of USA exploit the USA laws:

18.1.  In spite of being married in the USA, the US resident comes to India and marries again claiming to be bachelor/legally divorced from their previous marriage. This is bigamy.

18.2.  The overseas marriage of a USA resident is valid in the USA provided the marriage is entered in accordance with local law of the country where they take place. Therefore, the Recognition of overseas marriage depends on the laws of the place where the marriage is performed. 

18.2. i.          But when a marriage disputes arise USA fails to recognize the laws under which they are married and passes an order against the principles under which they are married.  This is inequality of laws.

18.2. ii.          The US resident spouse chooses easy Divorce of USA which is ‘No Fault Divorce’ against the ‘Faulty Divorce’ as per the laws under which he/she is married.  And a parallel proceeding in India on the same subject is duly contested by him/her.  This is Forum Shopping.

18.2.  iii.          The US spouse knowing that any judgment passed by US court is not recognized in India as it is not in consonance of the laws under which they are married.  Yet, initiates the proceeding before the USA court with a malafide intention to defeat the order passed in Indian court and to complex the subject matter with extraterritorial orders to protract the legal proceedings to frustrate the victim.

18.2. iv.          US resident who are on temporary visa too are exploiting the lenient divorce and custody laws of USA and obtaining an order knowing that it is not recognized by the Indian courts.  On expiry of their visa they return to India where these orders obtained from USA courts are not recognized, yet they are obtained.  This conduct establishes the malafide intention of the USA resident in exploiting the laws and wasting the precious time of the court by making mockery of the system.  This is nothing but abuse of laws and forum.

18.2. v.          In certain cases divorce/custody matters are initiated against the wife in USA in her absence so that it is not contested by her.   When she was never brought to the USA / or if bought sent/left in India. Unfortunately, even the courts fail to see if the defendant / spouse had sufficient means to access to justice.  Thus, the right to access to justice and fair trial is violated.

18.2.  vi.          Most of the times the defendant would not have received proper notice of the proceeding initiated before the USA courts.  Even if notice is received in most cases the defendant would not have sufficient means and support to make proper representation/defense.  While the husband would parallel be contesting the legal proceedings before the Indian Courts.  Due this there would be multiple conflicting orders.

18.2. vii.          In case of custody of the child, it is a fact that the women gives up her studies and job for the sake of marriage to either join him in the USA or to be with her in-laws.  If she is brought to the USA she is brought as a Dependant of her husband. In all scenarios, the husband is financially well placed than the wife/mother. In child custody matters, the welfare of the child is paramount.  And the wife being abandoned by her husband looses everything, she would be fighting against all odds as he is financially stable, having home, car, visa, financial stability, family support etc as against the women who lives in shelter, jobless, homeless, with no support, her visa being withdrawn or revoked or cancelled, etc.  In case she returns to India where she would be getting the support of her family financially and morally, then she is slapped with kidnap, violation of orders for moving the child from the jurisdiction of the USA court, etc and into long legal battles.

18.2. viii.          Further, both the parents have equal parenting rights in USA.  While that being so, when a women is abandoned by her husband in USA, she has no immigration status, no home or financial support, no work permit etc., in the given scenario she cannot continue to be in the USA and an order is passed not to remove the child from the jurisdiction of the court. Is this not defeating the parenting rights of the mother? 

18.2. ix.          Many times the child is used as a pawn to settle scores against his wife or to legalize his stay in the USA by virtue of being a natural guardian of the child who is a US citizen.

18.2. x.          The divorce passed by USA courts is not recognized by the Indian courts because of this conflict the spouses live in Dual Status.  Married in India and Divorced in USA. It is said there is no wife without a husband and a husband without a wife.  But in this case the adage is proved differently. 

18.2. xi.          Marriage entitles the spouses on many rights and no state deprives any person of life, liberty, or property without due process of law.  These aspects of marital status includes taxation; inheritance and property rights; rules of intestate succession; spousal privilege in the law; hospital access; medical decision making authority; adoption rights; the rights and benefits of survivors; birth and death certificates; child custody, support, and visitation rules etc. Due to contradictory laws of India and USA the marital rights are grossly affected.

18.2. xii.          Even if the spouse has notice of the cases filed against her in the USA she cannot defend the same due to her financial constraint, travel restriction, no support, etc   whereas the USA spouse has an alternative forum to agitate his cause and seek remedy before the courts in India, where the defendant will have fair chance to defend the case.  This will be Fair trail and access to Justice to both the spouses

18.3.  A US resident entering  into a marriage of convenience without the knowledge of the bride and brings her to USA where she is tortured mentally, physically and monetarily and later either abandoned or treated as a maid amounts to cheating, human trafficking, marital rape, violence against women etc.

18.4.  USA resident in spite of having a girl friend marrying a bride from India and then negotiating with her of providing Green Card for a mutual divorce is a grave wrong.  Though he had no intention to be in the marriage brings the bride to USA for facilitating himself legally and subjecting her to cruelty amounts to cheating, human trafficking, rape/marital rape, adultery and violence against women.

18.5.  In Fraud marriage when the husband knows that he would be abandoning his wife sooner or later and exercises conjugal rights then it is nothing but amounting to rape/ marital rape.

18.6.  As per the laws of India any amounts paid, jewelry, articles, etc presented or given for and in the marriage to the women is the personal property of the women called Streedhan. The husband misuses this Streedhan by flying away taking this, which exclusively belongs to the women, this amounts to theft and robbery.

18.7.  The demand for money or properties is nothing but extortion.

18.8.  The US resident marrying again on an illegal divorce obtained by fraud with or without proper notice on the defendant amounts to bigamy.  The spouse living in a far of land is not even aware of this marriage to even report.

18.9.  The women are subjected to physical, mental and economic violence by the USA resident spouse and his family. In certain case she is abetted to commit suicide.

18.10.  The whole process of these marriage frauds is conspired and pre-planned by the USA resident along with his family members, which amounts to cheating.

19.  The following are few cases to demonstrate the above.  The spouses of the following victims are residents of USA. Their case in brief is enclosed and in brevity as hereunder:

Case No.1:  Abhilasha Sareen ‘s husband Harish Gulati is declared a Proclaimed Offender by the Indian Court.  His parents convicted for cheating as they have admitted that Harish Gulati was married in USA for purpose of obtaining Green Card, which was concealed at the time of her marriage with him and for criminal breach of trust for illegally taking her valuable belongings.

Case No.2:  Archana Pydah, her husband Sreeram Pydah had a girlfriend in the USA who he intended to marry prior to his marriage with her.  He wanted to marry his girl friend as his 3rd wife for he believed in the prophecy that he would be happy on his 3rd marriage. Hence, after his marriage with Archana, he was negotiating with her for a mutual divorce in return for a Green Card and job in USA, since she did not agree he connivingly sent her back to India and obtained a default divorce in the USA without serving proper notice of the proceeding on her, while contesting parallel litigation on the  issues in India. This is for facilitating his 3rd marriage in USA and for circumventing the bigamy offence.

Case No.3: Haritha Kola was married to Pabbathi Athmaram in India but he refused to get his marriage registered in India stating to register in USA for early visa.  He brought her to USA on tourist visa and got marriage registered in USA. Just to hide the fact that he was previously married in India and their marriage continues to exist as per the Indian laws. He with a malafide intention to legalise his second marriage in USA, obtained an exparte divorce from USA against his first wife in India without serving proper notice on her. He made me travel to the USA in my 8thmonth of pregnancy so that he could legalise his permanent stay in USA being the father of USA citizen kid.

Case No.4: Himabindu Manepalli, her husband Somasundar Manepalli abandonded her in India after marriage, as her parents could not fulfil his demand for additional dowry. His passport is revoked and there is lookout notice pending on him in India .

Case No.5:Ritu Sharma her husband Sanjay Singh got married in India and after marriage he visited India for a couple of times.  After the approval of her USA visa, he demanded a share in her father property and more dowry, since it was not met; he did not process her visa further.  Due to the mental tensions inflicted by her husband and family, she had a miscarriage of her pregnancy.

Case No.6:Neha Jain joined her husband in the USA; her husband who already had assault and theft case filed by his ex-girl friend tried falsely frame a domestic violence case against her.  Later, the authorities dropped the case as no charges. While her husband moved the USA court for divorce, she filed her reply in the said divorce case but could not contest the same as her visa expired.

Case No.7:Sailaja was married to Mamidi Rajesh after marriage her husband abandoned her in India and obtained an exparte divorce in the USA against her without serving proper notice of the proceeding on her.  Her marriage with him in India is subsisting till date.  While he is still married as per India laws, he married once again based on an illegal ex-parte divorce obtained in USA. 

Case No.8: Swati Gupta was married to Anupam Padhy, he demand for more dowry so that he could buy a house in the USA. He sent her back to India for getting more money.  When she returned to USA he filed a DVPO and threw her from her USA home and since then she is living on the mercy of others in USA. 

Case No.9 :Jasmeet Kaur was married to Barinder Pal Singh Manchanda, then businessman in India, who abused her since their marriage in 2004 for dowry. She was forced to give birth to a USA Citizen male child in 2008 after which was thrown on roads in India, separating her from her infant. Barinder was arrested in India for domestic violence and dowry harassment. Entire family apologized to make the case hostile for the sake of premature infant. In 2017 after her father’s death, she was abused and abandoned in India without any immigration documents. He escaped his hearing date of Crime Against Women Cell which was held on July 28th, 2017, abducted the child and filed the case of divorce in USA on the same date. When she managed to return to USA for her child, she was deserted in foreign land by alleging that she is abusive spouse and mother. His Passport is  impounded and there is a Look-Out Notice pending against him in India.

Case No.10 : Kartika Priya Naralasetty is married to Hemanth Kumar Gundubogula she was subject to utmost cruelty for giving birth to a baby Girl and for not getting more money and transfer of property in India to his name. Seton Emergency Hospital staff noticed bruises on Priya's hand and called the police out of suspicion the police took her statement and asked her to stay in her friends place were her husband came and shouted at her hence her friend had to call 911 who came and put her in a Shelter .   Later,  Hemanth pleaded and forcefully made Priya to withdrew her complaint on 28th June 2016 on promise of having a happy married life and family.  Though she withdrew the complaint, her ordeal continued as Hemanth continued to harass her mentally and physically.   Her housemaid on knowing the cruelty meted out to her informed the Police and Round Rock Police Department rescued Priya and her child.  It is learnt by Priya that Hemanth and his family have made it a business practice to lure innocent Indian girls into matrimony with the sole purpose of stealing dowry, jewelry, property. Once the tortured girl is deprived of everything, she is divorced and then they are in search for a new bride for Hemanth.   Hemanth has already been married three times and is pursuing relationships with a bevy of Indian damsels outside his marriage

20. Marriage is a relationship out of which spring duties to both spouse and society and from which are derived rights such as the right to society, family, to conjugal love, affection and other rights.  Any disputes arising from the marriage should be in Rem.  The defendant should not be summoned to a remote jurisdiction chosen by the other party and make her/him obliged to the marital rights to adjudicate under the State policy at the odds of the State under which the marriage was contracted.  It should not be inconsistent with other legal systems and a defendant who residing in a remote jurisdiction should not be deprived without a fair hearing.

21.These victims could not complaint or initiate legal action in time in the USA, because they do not have any recourses and being unaware to whom or where to approach. They tried seeking help from NGO, Govt etc, but failed to get any positive help.  Many of the victims are dependent on their family; some who are earning make a meager amount and could not afford to engage the services of an attorney due to unaffordable fee structure.

22.From the cases stated supra, it is crystal clear that  USA residents  are by-passing the Indian  forum  and using and bringing  action in USA forum knowing it would give them  relief or benefits which otherwise  would not be available to them  in the Indian  forum. They get their  case into the USA Courts, at no cost or at a minimal cost to themselves  and at no risk of having to pay anything to the other side.  All this means that the victim can be readily forced into a settlement. The USA resident holds all the cards to corner the victim.

23.The above is happening due to absence of deterrent laws and absence of an authority to report or the foreign victim being not aware of the authority where they can report about the wrongs done by the USA resident for necessary action as per the laws.

24.In cases of USA resident victims she is being threatened of losing the child for ever as husband revokes her dependency status, thus making her stay illegal and increasing her chances of deportation if she wilfully does not leave the country. Not only this, a dependent wife cannot even report of her medical condition to the doctor, as her health insurance is also controlled by her husband which is revoked as a first thing by husband if wife initiates to report of the abuse.

25.No country tolerates its residents committing wrongs in other country/ies and taking shelter in their country.  USA ensures to all due process and equal protection of law. Hence, we humbly seek the following:

25.A.  Your kind intervention in taking note of the exploitation of the Laws and Forums by the USA residents and to take appropriate measures to uphold the dignity of law and the land.

25.B.   Pass an order that the USA courts should not adjudicate any marital disputes where the parties are married as per the Indian Laws unless both the parties agree in writing to the Jurisdiction of the USA courts.

25.C.   In absence of a written consent to the jurisdiction of the USA court the petitioner may be directed to adjudicate his/her cause and seek remedy before the Indian courts which has jurisdiction on the subject matter under which they are married. 

25.D.   Direction given to the Government of USA to take note of the Fraudulent Marriages by the US residents and make proper legislation which would deter such acts and curb the social evil.

25.E.    To establish an authority where the overseas residents can report about the wrongdoing of the USA resident for investigating and taking appropriate action against the wrong doer.

25.F.    To recognize and enforce the orders passed by Indian Courts.  Especially the maintenance order passed by the Indian courts be attached to their Bank accounts.

25.G.   Access to Justice and Fair Trail is the principle adopted across the world.  The overseas residents are most of the time dependent on their parents or if working earns very meager salary, which would be sufficient to take care of their needs.  They cannot fight a legal case in a foreign country because they cannot afford to engage the services of an advocate due to the exorbitant fees, housing, travel and financial constrain, lack of legal knowledge and process, access to court papers, etc., hence, most of the time the cases go unrepresented/ or not appealed in time. Hence, we humbly request the Govt to provide legal aid to these overseas residents so that no cases go unrepresented before the USA courts and the defendant spouse gets opportunity to defend the case for proper adjudication and in interest of justice.

25.H.   Not let the USA Citizenship of the child, take over motherhood. In the best interest of child it is important that he becomes a good, healthy, educated and responsible citizen irrespective of whether he stays in USA or India.

25.I.       To take necessary steps for causing justice to the victims of these fraudulent marriages.

Thanking you.

Yours truly,


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