My wife jailed for entering India from Bangladesh border
I am married to a Bangladeshi girl for last more than 1.5years. 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 but did not tried to register or but we made original .PAN CARD, ADDHAR CARD, BANK Acc , LPG Gas Connetion book prove she is Indian citizen. But 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.
23rd of September 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 and local lawyer who is looking after the matter. The lawyer does not seem to be intelligent enough to handle this case so I thought to get some expert advise here. 8th of October she was taken to court. The lawyer said since she did not have any documents to prove she is Indian and she has also given her Bangladesh address to the police it has become a problem to get her out from there. The court has given next date of 14th October 2015 where the lawyer will again try to get her out from jail. Can she will Bail out at next hearing.
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?
I 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.
Asked in Criminal Law from Mumbai, Maharashtra
1. She has already been produced before the Court you said,
2. What are the charges levelled against her? What are the sections and under what Act?
3. After knowing the above, any further advise can be given in this regard,
4. The charges are to be countered with evidence and to generate evidence documents are to be prepared/collected or manufactured by your lawyer,
5. Without knowing the charges, it is not possible to predict what will be the verdict or whether she will get bail or not.
Get a marriage certificate from temple with back date and also other documents to prove that she is in India since long to get over the problem. It goes without saying that there will be circumstances and occasions when the authorities may have to be satisfied about the bona fides of the person concerned. It is part of the duty and responsibility of the authorities to rule out any criminal or anti-national taking the plea of a ‘refugee’ and entering the country for mala fide purposes. Any foreigner who might have left his or her country of origin without due authorisation from the authorities concerned, both in the country of origin as well as the country of destination, solely to improve his or her economic prospects, is not a refugee. After all, there is no element of persecution or coercion compelling the individual to leave the country of origin. Illegal migrants from Bangladesh are examples of this category.Provide your credentials as an Indian Citizen to the lawyer and if possible make yourself available in West Bengal with your documents and try to get her out. Most likely the bail application will be dismissed after which you can file a petition before high court.
1. Your wife is on a very sticky wicket as she was caught while crossing into India. Bail would be very difficult in this case, and may not be granted except by the High Court.
2. If held guilty by the court she may be jailed for up to 7 years.
3. Contest the case on merits by engaging a competent lawyer.