• Please advice

Hi, I am married to a Bangladeshi girl for last more than 5 years. Since she didn't had legal Indian documents the marriage was just an formality without any documentation in a Temple. We were leaving happily since then after i made his aadhar card and pancard by an agent who make this without any documents. Even we don't have marriage certificate. Whenever she wanted to visit Bangladesh we used to hire a agent who used to cross her over to Bangladesh illegally and bring her back in a month same way illegally. Now 2 days before she was caught by BSF while crossing back to India from West Bengal border. They shifted her to the local Police station nearby the border. I stay in Mumbai but am in touch with the Agent. I thought to get some expert advise here. . So now I am totally confused about how would I get her out of it. What would be the courts decision? If she is jailed then what will be period? know that we have broken the law but I don't want to loose her now after so many years of our successful married life just because she is from other country and crossed in illegally. Thanks, ashish
Asked 6 years ago in Criminal Law
Religion: Hindu

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12 Answers

Firstly, loving someone is not a crime irrespective of their countries.

Secondly, inform the same to the external ministry about the whole incident from starting till now.

Thirdly, you may get her back if able to satisfy them.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Dear sir,

Your wife is criminal of trespass and going to face a big problem . Please make sure that you are not named along with the middleman who is felicitating this illegal immigrants.

Please hire an advocate immediately and arrange an anticipatory bail if possible before police arrives at you place because for what ever reason by keeping an illegal immigrant you did a crime too.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

your wife would be deported as she has crossed illegally to India

2)since she is your wife you should have applied for long term visa for her on basis of your marriage to her

Ajay Sethi
Advocate, Mumbai
94734 Answers
7539 Consultations

5.0 on 5.0

1. She must have overstayed also in India as I presume her visa had either expired or she had no Indian visa at all. She has committed more than one offence as she has also got an adhaar made when she had no entitlement to get it. During the course of investigation it will come out for sure. The maximum imprisonment can be 10 years,

2. Engage a good lawyer for her defence as these are very serious offences. The first priority should be to bring her out on bail.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1.Yu did make a great msitake by not legalising her documents.

2.You could have easily married her under Special Marriage Act, then obtained vis and stayed in india legally.

3.Now she ahs been caught under Foreigners; Act and hence getting bail would take time.

4.If You share the case number and court name then I may help you further in getting bail for her.

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

The marriage should have been registered with the permission of the High commissioner of Bangladesh and the Ministry of External Affairs.

However sending the wife to Bangladesh through an agent via illegal means is an illegal act on your part as well.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

4.8 on 5.0

As per S.5 of the citizenship act, 1955, he Central Government may, on an application made in this behalf, register as a citizen of India any person not being an illegal migrant

(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;

Therefore, your wife can apply under (c) to get her status as citizen under registration.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

1. All your steps are wrong and could have been avoided.

2. You could have married her legally by registering the marriage and after 7 years of marriage, she would have become eligible to apply for Indian Citizenship.

3. It is to be known as to what charges have been fixed against her while producing before the Magistrate since punishments are awarded based on the charges leveled, if proved.

4. She can finally be repatriated to Bangladesh unless some other charges are put against her.

5. Engage a local lawyer having expertise in this field to defend her in the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Hello,

This seems to be a very critical situation, and you can not actually do something unless and until some action is taken against her by the Government of India.

Engage a senior lawyer who can defend her by taking the defense of an act without any ill intention

the law which has been broken is a serious law and therefore you will have to approach the HC at a later stage to get some relief.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

You have asked this question earlier also and this is a old case, however you are approaching afresh for opinions from expert lawyers.

You pretty well know that what you have been doing from the beginning is illegal and if found caught the punishment will be severe or that she will be sent back or to remain in Indian jails for years without any solution for a long time.

The law is different to that of the practical issues.

The law may give plenty of remedies or solutions to this, but how will you be able to claim them because you are still depending on the agents who are the main and actual culprits.

You better take the help of a local lawyer where has been put into custody and try to get her out of the custody by legal means instead of still banking upon this type illegal means.

T Kalaiselvan
Advocate, Vellore
84935 Answers
2197 Consultations

5.0 on 5.0

Contact a local lawyer and ask him to pursue this matter by pulling out the details of the case and prosecution etc. that has been initiated against your wife.

Since you are an Indian national and she is married to you, there should be no difficulty in getting this resolved.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

You have to bail her first. Then face the trial. There is no other way.

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

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