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Being Indian

Posted 21-Jul-17 20:04 PM

The fact Finding of disciplinary authority and the enquiry authority report which is send to head office is diffrent from the 2nd charge sheet fact finding

The fact Finding of disciplinary authority and the enquiry authority report which is send to head office is diffrent from the 2nd charge sheet fact finding. The date is different in 2nd fact finding from which out of 3 charges one charge is proved in 2nd charge sheet and the date of enquiry authority was different and the 2nd charge sheet date is different. form that of the enquiry officer? now i am making reply of 2nd charge sheet so please help me how can i make this point and reply effectively in the departmental proceeding!

Posted 14-Jul-17 22:00 PM

Hi Is foreigner stay considered legal, if she got married and having children?

One of my friend's wife is a foreigner and she arrived in a tourist visa Fourteen years before. They got married and having three children. Now She is having all the government ID proofs including Ration Card, Voter ID and aadhaar. At the time they don't know much about it. Is her stay considered legal? Is there any problems occurred in future if anybody make a complaint about it? Thanks in advance.

Marriage does not convey automatic citizenship in India to the Indian's spouse; all India grants is the right for the spouse to enter and reside in India. The same time India prohibits Indians from holding any other citizenship concurrently with Indian citizenship.

In india a foreigners of non-Indian origin has only 180 days (six months) visa is permittted .A long-term visa (more than 180 days) requires registration at the Foreign Regional Registration Office in the area of residence within 14 days of arriving in India. 

Citizenship Act, 1955 Section 5(1) (c) Citizenship by registration. - (1) Subject to the provisions of this section and such other conditions and restrictions as may be prescribed, the Central Government may, on an application made in this behalf, register as a citizen of India any person not being an illegal migrant who is not already such citizen by virtue of the Constitution or of any other provision of this Act if he belongs to any of the following categories, namely: 
(c) a person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration.

Indian law allows the spouse of an Indian citizen to enter and reside in India, and after seven years of residing in India, to naturalize as an Indian citizen;

After the marriage with indian wait for seven years before he/she can apply for Indian Citizenship & apply for Indian passport on basis of this acquired Indian citizenship. If the lady is not got PIO card she may prosecute .The best course the Government of India provided for all such cases where Indian citizen marries a foreign national is to provide such foreigner spouse PERSON OF INDIAN ORIGIN CARD (PIO CARD) by virtue of all such benefits accrue to such person :- 1)No visa required for visiting India.A PIO Card holder will be exempt from the requirement of registration if his stay on any single visit in India does not exceed 180 days.In the event of continuous stay in India of the PIO Card holder exceeding 180 days, he/she shall have to get himself/herself registered within 30 days of the expiry of 180 days with the concerned Foreigners Regional Registration Officer / Foreigners Registration Officer.

... Read More

Posted 14-Jul-17 22:00 PM

Hi Is foreigner stay considered legal, if she got married and having children?

One of my friend's wife is a foreigner and she arrived in a tourist visa Fourteen years before. They got married and having three children. Now She is having all the government ID proofs including Ration Card, Voter ID and aadhaar. At the time they don't know much about it. Is her stay considered legal? Is there any problems occurred in future if anybody make a complaint about it? Thanks in advance.

Firstly,  the query should come from the person himself/herself.

Secondly, the validity/legality should be properly consulted with a lawyer.

GOPAL VERMA 

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

PH. - 9810090507

... Read More

karan 2153

Posted 10-Jul-17 14:24 PM

#Annulment Seeking annulment.Marriage happened4 months back.

Hi, Seeking advice of experts here. I live in Australia and married 4 months back in India with a UK citizen who i met in the UK few years back. Our marriage is not registered anywhere but it was ceremonial wedding in Gurdwara and certificate was issued.We decided before marriage that we will live in Australia post marriage. Not only She has blatantly refused to come to Australia but she has aborted the child also. I wanted to know if I am eligible for annulment and if yes then i would like to be in contact with suitable lawyer to whom I can provide further details so that he she can take up my case.

You can file a divorce case/annulment of marriage and get rid of your wife GOPAL VERMA ADVOCATE ON RECORD SUPREME COURT OF INDIA PH- 9810090507 ... Read More

Posted 05-Jul-17 14:49 PM

How to proceed with Minor Marriage case?

Hi, my cousin jyothi was 17 years old when she was married to a 35 year old man from her home town. Her father was in debt to the groom's family. in exchange for striking out the debt the groom's family asked jyothi's hand in marriage. jyothi's father fearing that he might be targeted by debt collectors, forced jyothi to marry by blackmailing her with family suicide. After staying for a few weeks at her in laws house, jyothi was subjected to emotional torture and abuse. Also the fact that her husband had many extra marital affairs affected her emotionally. Finally she left her house and came to us. She is currently major now. Now her in laws have filed a case against us stating that we have brain washed jyothi to leave her husband. we have a court hearing on 15th july 2017. Kindly let us know how to proceed. Is there a way to break all ties with her in laws permanently? can something go wrong with this hearing? What will this mean to us?

The marriage contracted with a female of less than 18 years or a male of less than 21 years would not be a void marriage but voidable one, which would become valid if no steps are taken by such “child” within the meaning of Section 2(a) of the PCM Act, 2002 under Section 3 of the said Act seeking declaration of this marriage as void.The marriage contracted with a female of less than 18 years or a male of less than 21 years would not be a void marriage but voidable one, which would become valid if no steps are taken by such “child” within the meaning of Section 2(a) of the PCM Act, 2002 under Section 3 of the said Act seeking declaration of this marriage as void.

But now she has attained the majority ,so she is free to go anywhere  . A wedding between minor girl and boy will not become void automatically without either of them obtaining a decree of divorce from family court within two years of their attaining the legal age for marriage. So approach the court for getting a declaration is the best  option. 

... Read More

Vijay Sharma

Posted 01-Jul-17 17:42 PM

I ordered two mattresses of Sleepwell Activa Firmtec. On the bill shop keeper wrote Sleepwell Activa. He delivered two different types from activa famiy. We came to know 2 months later. What can I do now

I ordered two mattresses of Sleepwell Activa Firmtec. On the bill shop keeper wrote Sleepwell Activa. He delivered two different types from activa famiy. We came to know 2 months later. What can I do now. He is not changing and giving what I ordered

You have the option of moving to consumer forum. You should keep invoice and other relevant document ready ... Read More

Tarjeet Singh

Posted 30-Jun-17 15:58 PM

Its a civil matter. You don't need to worry. Even, if he chooses to approach the embassy, it wont be entertained there. The matter will be resolved in a civil court on the basis of the documents available. ... Read More

Prashanth B N

Posted 26-Jun-17 21:58 PM

Manufacturing defect Iphone 6S within 20 days of purchase, demanding for replacement.

Iphone 6S within 20 days of purchase, unable to hear when receiving and dialing a call. Now Apple company is providing only repair, as its a minor repair with a replacement of component. My concerns are, new phoneand its a manufacturing defect therefore I am demanding a replacement with new Iphone 6S. After long discussion with Apple customer support, they accept the inconvenience but they are not ready for replacement of new Iphone. Now I am planning to go to District consumer court as per Consumer Protection Act 1986 to file a case against Apple India Pvt ltd Bangalore. Please advice me, is I am eligible to get a new replacement Iphone as per Consumer Protection Act 1986

Please read the entire Warranties and Refunds Guide from Apple. Any person who can be termed as a consumer under the Act can make a complaint. After the purchase if total damage or major defect has seen in Phone then the company is liable to replace the phone, otherwise the company should act up on the policy mentioned in the Guaranty or warranty card.  Keep a record of all communications with Apple. Keep a log of everyone you speak to (Name, date, time, and subject matter of conversation). Keep all documents and reference codes Apple gives you. If Apple fails to adequately remedy your product’s problem then approach the consumer forum.

... Read More

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