Indian marital laws a strange situation

It is the height of irony that a self proclaimed lawyer who is hiding behind a pseudonym on this website for the last three years is making fun of a foreigner's desire to change his Indian name, and is issuing threats about the might of the law. The funny thing is that this foreigner has no desire to change his Indian name.

Of course these words and threats might disappear because this person who calls himself tajobsindia is an expert in the use of the "edit your comment" feature.

www.mehnat.in

@ ImSam,

ha ha I never miss Court verdicts as that is our bread and butter - righto!; way back 3 years back in 2010 I myself placed much better version here in LCI than you can ever review atleast before me on RCN / LOC.

https://www.lawyersclubindia.com/forum/Re-No-Red-Corner-Notice-in-Matrimonial-Cases-8211-Hon-8217-ble-SC-24820.asp  

BTW didnot I tell your party whom you are interlocuting in my last reply that it was just a warm up, he has to still wait for actual Extradition judgment that also from Delhi HC I will give him exactly that and then let us hear you all out further because the point your party is missing from these discussions is very simple and till it grills into him we will keep you all engaged here that also for FREE no co-pay as in his insurance duet ha ha.

@Taj

Thanks for uploading the judgement and after throughly reading the full judgement one can clearly see how far Indias corrupt legal system can go and this judgement is enough for the Swiss authority to protect their citizens.In this case the police put false charges and 3yrs punishment was shown as 10yrs only to issue RCN and using words like dangerous person,kidnaping in matrimonial matters thats heights of corruption :) and finally the RCN was quashed.I can say if the Indian police see a big fish with money they will go ahead doing anything but if they know there is no money then they will also not bother.

First in this case when the charges got registered and the petitioner was Indian national holding Indian passport and not a foreign national.Second it states that husband and wife started having problems after few days of marriage and petitioner cancelled the process of his wife sponsership to Canada and it is for sure there was some kind of marriage registration other than ceremonial marriage as marriage registration paper is important document for even filing a application for sponsership for a wife.Third the petitioner got Canadian passport after all charges filed against him and here i am surprised how he could get his Indian passport renounced before getting Canadian pass.Fourth its mentioned he is a PIO which can also mean he is holding a PIO card and there is always risk travelling to India holding a PIO/OCI card as Indian law treat them as par with Indian citizen whereas if the foreign citizen is on Visa then Indian police always need to Inform their respective embassy before making any arrest of foreign citizens otherwise Indian police will already be collecting Haftas from foreigners :)

You all may go through this website How US treats Indian marriages.They don't even trust marriage certificates issued by Indian govt authority as they know these authority sit under the tree and sell certificates.Also they ask for bill from honeymoon.

www.immihelp.com/immigration/genuine-marriage-proof.html

In the last few days i have gone through most of the postings in this forum and what i can see is people like Advocate Bharat,Manish,Shonee are all giving advice to people here how to fight the biased Indian matrimonial laws whereas this person named Taj is not here to give advice to people instead he is trying to create false fear so one pay maintenance extortion and lawyers fee etc.

Dear Naveen and Others.

by reading this post and the various replies from other contributers, many fail to understand that Mr. Tajobs is actually helping you citing the various possibilties where you may be tried and brought to books.

some comments have been rude without knowing much about an individual, i have not met Mr. Tajobs yet but i have been closely following his comments and help he unselfishly offers to many victims like me here and he is a complete pro in favour of Mens right activities.

personally speaking if you and others assume he is here to make bucks by alarming you, let me tell you my incident, i personally begged him to take up my case and he refused by saying he is only here to offer free guidance and consulations and he does not take any case from legal forums.

many a advocates here when asked personal queries, in reply all i got was bank account details but Mr. Tajobs even at late hours helped me and many like me out.

 when there are lawyers replying with their name, address, contact details, emails what is the need for a person to use a puesdo name, he too can flassh all his details so that memers can contact him and pay him as you and one member mentioned.

his replies are harsh truths, if you remove the harsh part, what remains is the truth and accepting the truth or not is upto you, read carefully once again, whatever he has written is for your own good.

thanks

abdul.

I never visited any Indian courts and it was only a documentry which i saw in which a Swiss national gets some fake certificate from Tiz Hazari court in Delhi.In this documentary it was show the plight of Indian lawyers how in the scorching heat they sit under the tree in open in shabby conditions and how they issue any kind of government certificate with few dollars.

Marriage Registration is very much essential especially if one party is NRI or Foreign Citizen.

Your marriage is valid in the eyes of society and also in Indian courts but you being a foreign national your marriage is not internationally valid.I can challenge here that none of the Indian laws can do anything against you as long as you are a Foreign National.

If the other party shells out huge amount or having political influence then maximum with help of Police they can file wrong charges and get LOC but before they issue any such notice against foreign citizens it needs to be informed to your country embassy and show the charges against you are valid which is not a simple task when you never lived with the said woman in a marital relationship.

You are lucky man so have fun and don't bother about Indian matrimonial laws.

I admire your skills on Shri Google ji. The illustrated TV documentary which influences you most has legal ramification as per your own adopted country's Laws further here as per Indian Laws too.

Right now since you have special aversion about Indian laws I will educate you of your own country's Laws and educate you first that the Swiss national shown on TV Documentary + TV Documentary company are both liable for prosecution under Swiss Laws as well as subject to extradition to India to be tried there as well as here and mind it your so called SWISS EMBASSY here in India will still not protect these Swiss nationals and for the same study from OFFICIAL website of your adopted country FDFA (in page 3) which I placed earlier and you overlooked when Swiss Embassy comes into picture and when it does not to help their nationals interests overseas.

Here is official Swiss education to our desi boyz. living overseas thinking they are forever safe. 

Source of Law - Switzerland’s Article 4a Federal Act against Unfair Competition (UWG)

Bribery of private persons (Article 4a in connection with Article 23 UWG)2

Offence defined: -

Bribing Offering,  promising or granting an undue advantage to an employee, or other person acting on behalf of another in the private sector in connection with their official activity, in return for an act or omission in breach of their duty or at their discretion.
Being Bribed - Requesting, obtaining or accepting an undue advantage by such person.

The Bribe:-

Is there a presumption that any benefit was given / received corruptly? NO

Would facilitation payments be caught? NO

Would corporate hospitality be caught? YES

Is there any de minimis? YES

Does the bribe have to be monetary? YES

Public officials:-

Does the offence only apply to bribing public officials? NO

Acts performed outside Switzerland:-

Can bribery performed outside Switzerland be caught? YES

(if the act is also a criminal offence in the respective foreign country) YES

Does the act also need to be illegal in the foreign country of performance? YES

Who can be liable:-

Swiss national? YES

Swiss partnership (including limited liability partnership)? YES

Director of Swiss company? YES

Swiss company if the bribe is committed abroad by its foreign subsidiary? YES

Foreign subsidiary of a Swiss company if the bribe is committed abroad? NO

Foreign national/company/partnership if the bribe is committed in Switzerland? YES

Foreign national domiciled or “ordinarily resident” in Switzerland if the bribe is committed outside Switzerland? YES

(if the perpetrator is in Switzerland, and is not extradited to the foreign state)

Penalties include:-

Swiss Individuals

— Imprisonment for up to 3 years

— A fine of up to CHF 100,000

— Potential disqualification from acting as a director (in highly regulated sectors)

Swiss Companies

— A fine of up to CHF 5,000,000

— Confiscation

Defences:-

Are there any defences available? According to Article 4a UWG, advantages to private

persons are not deemed illegal if they are agreed with the principal or when they are of minor value in accordance with social custom.

-----------------------------------
Explanation:-

Above is Law of your adopted country – Switzerland cited here in relation to TV documentary involving a Swiss national giving bribe overseas to get some legal documents made!.

You comment how bad my fellow ld. brothers are in Tis Hazari Court complex by citing some Swiss documentary film and the moment you mentioned in there your 2 lines caught my antenna “a Swiss national” “giving” bribe “money” to “Indian Lawyer” for some legal documents “made in return” and was “filmed” i..e three prosecution characters emerges as per your own Law which is in consent with our Law (India) too;

Swiss national shown in documentary is liable not only for prosecution by Swiss Laws but is also subject to extradition in India and in Switzerland as I mentioned earlier in page 1 of this thread as a Treaty is already signed and is in place. 

Indian Lawyer who is allegedly shown taking bribe in that TV documentary for making alleged documents has a solid defence as per our Law as well as a solid ‘criminal defamation’ case against not only the Swiss national but against the TV production company too who were shown in documentary, BUT, now read next;

Since such acts was filmed so it is obvious there is a Swiss TV production company also involved and as per your adopted country’s Law which is quoted above this TV documentary film company is not only liable for prosecution in your adopted country but subject to extradition laws too.

I am sure you will like to place another Swiss kiss upon me claiming “social custom” as defence to save your fellow Swiss nationals skins as in your cited illustration of TV documentary misunderstanding that Indian laws are like sh*t. Mind it Sir, our Supreme Court has very well announced several binding precedent as to what constitute “custom and usage” and as per our Apex Court giving bribery cannot come under “custom and usage” or it cannot be proved as ‘custom’ so there goes already for a toss your forthcoming vague interpretation of our Laws whose illogical citing you are vehemently placing at random instead of concentrating on main point of view of your brief. 

You also tell us that Indian Laws are not only sh*t but Swiss nationals are law abiding citizens. I see that completely missing in your own TV Documentary illustration. A Swiss national first of all should not have paid bribe to get some documents made, secondly, a documentary without permission that also in an Court premises and also such inducement to an Indian should not have been captured on camera and colly. it is illegal acts committed by your own Swiss nationals as per your own laws for a short change and you take pride in it which is most amusing educative part you ever wrote here J

So Sir, do shower me (oops enlighten me once again) how Swiss Embassy will protect Swiss national which you are proudly claiming shelter of?

Lastly Sir, when Indian lawyers take contractual work from foreign embassies they get free access to that countries Laws and for that I per se never have to refer to Sh. Google ji  which you alleged twice-thrice J

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Hi,

Few weeks back you had public objection to my 15000 profile points. I helped you then and there placing an undertaking for Admin. / Mods. to act upon (i.e. set all items in my profile earned points to ZERO - that reply is still there for you to see if I edited or not) and in same spirit this time for your complete satisfaction least you develop another ulcerate attack, here is my last public undertaking (last because few metro time pass females months back had some other objections about me for the same I told them to tell Admin. / Mods. to delete my profile), hence;

Admin / Mods.:
This is to authorize site admin. / mod. to disable my rights to “edit your comments”.

Savvy !

Now let us talk one-on-one, shall we...............

TAJOBSINDIA'S INITIAL COMMENT

Admin / Mods.:
This is to authorize site admin. / mod. to disable my rights to “edit your comments”.

Savvy !

Now let us talk...............

TAJOBSINDIA'S EDITED COMMENT

Admin / Mods.:
This is to authorize site admin. / mod. to disable my rights to “edit your comments”.

Savvy !

Now let us talk one-on-one, shall we...............

THIS MAN EDITS A COMMENT WHERE HE HAS REQUESTED THE ADMINS TO DISABLE HIS RIGHT TO COMMENT !!!!!!!!!!

WHAT A PERFECT EXAMPLE OF AN UPRIGHT LAWYER, AN OFFICER OF THE COURT!!!!!!!!!!!!!

GOD SAVE HIS CLIENTS!!!!!!!!

i MEAN "THIS MAN EDITS A COMMENT WHERE HE HAS REQUESTED THE ADMINS TO DISABLE HIS RIGHT TO EDIT HIS COMMENTS" !!!!!!!!!!

Good.

I publically admit I copied your own wordings which I should have checked before posting.

How about revision;
---------------------------------------------------------
Admin / Mods.:
This is to authorize LCI site admin. / mod. to disable my rights to “edit my own postings / replies / comments”.

Will above acknowledgement of my error on face of public records satisfy you?

If not then do express once again, I will fulfill all your agitations here itself.

@tajobsindia

Ha Ha

Haa Ha

Haaa Ha

Taj I was expecting you to come up with some judgement in which any NRI or Foreign citizen got extradited on matrimonial case but instead of this you wasted the entire day reading Swiss law book and pasting all the laws here only to prove that the Swiss channel and the national who showed documentary can be punished but Indian lawyers are all safe.In the documentary the camera first focused on a board which stated taking bribe is crime and then they showed a lawyer who says without bribe nothing moves here,now you say your INDIAN law will sue the cameraman,TV channel and file defamation case :)

By all this you thought i would consider you a genius but with your performance i am sure you are some kind of retarded person who is really frustrated and nothing more.

If you want to help people in this forum then instead of beating the bush and pasting nonsense please write exact law points.

INDIA AND ITS LAWS ARE GREAT.. READ the LASTEST ANTI RAPE LAWS....Every man is raper is girl proves s*x and says so....its just an extortion scam and political blackmail...you think politicians are getting entangled truly...another scam to put people in cases...

TELL ME HOW YOU GOT SWISS NATIONALITY IN 4 YEARS.ASYLUM OR HOW...PM ME 

I am here to challenge that no one can win a case against this guy.The reason being he claims to be a foreign national now and India is not having dual citizenship.He must have got foreign passport after surrendering his Indian passport and there was no charges against him filed till that day.

This guy is now foreign national and there was no charges against him while he was a Indian national in this situation now if the Indian court brings up charges then it also needs to be acceptable by his court which is here Swiss court.Its not possible that one fine day Indian court wake up and charges someone who once held Indian passport which will be considered failure in part of Indian courts and will be challenged.

There are many cases in which foreign nationals got arrested and prosecuted where the couples lived together and there are kids etc.Here what i see is they never lived together and there are no kids or any kind of legal documents signed,its only marriage photos or videos and few witness which is not sufficient to fight and win this case or charge anyone.

Regards to all