viraat viraat 07 April 2023

Immigration

This case is related to several urgency points related to marriage,immigration,raising a family & access to funds divided in 2 parts

First Part
My fiancee is a foreigner, and plan to get married to her under her country marriage law,as i am already 35 plus and after marriage i have compulsionto immigration from India & be with her
in her country,as she having a job there,no fluency over English Language,her social/health insurance is not valid in India,& since i am the only child and no relatives or siblings to take care of parents,being
both senior citizens,i have obligation to take along my parents to in foreign country, and also my future children will also be citizens of foreign country.

Second Part
My parents are unable to access their bank account and has been freezed by RBI for a period of 10 years, as there has been financial fraud by a company in the bank, and during the merger &
acquisition of 1 bank to another bank,RBI has imposed restrictions to not allow to withdraw funds for any customer for a period of 10 years,due to which i and my family have been stuck up in India
for a period of 10 years & 4 common writ petitions have been filed in Bombay High Court for the same, as its one sided decision and favouring bank & not benefit any customer as such,in the petition,
my name & parents name are as not possible to take signatures of all the customers affected across 6 states & personally i am not looking common relief as the prayers being sought in current petition
being access to money to period of 3 years and interest recieve since 2019 onwards,

Interim Relief Prayers Sought
•Immediate access to funds principal amount from parent’s bank accounts
•Being together with my fiance in same time zone & country
•Being together with my parents in same time zone & country
•Family to function properly day to day activities
•Avoiding unnecessary civil offences related mental torture & cruelty towards family members & abandon of parents
•Fulfil obligations/Dependencies in both countries in timely & organised manner.
•Respecting Sanctity of marriage & follow under the foreign country Marriage Law.

Grounds for Urgency
•Marriage
•Immigration
•Raising family

What legal grounds/options i can exercise related to immigration law,family law,fundamental rights etc to get interim relief for the above points and scenario

Thanks

Reply Follow

1 Replies

T. Kalaiselvan, Advocate (Advocate) 08 April 2023

You seem to be entangled in various problems.

You canot solve all the problems at a time.

You can get married to a foreigner in India under the provisions of special marriage act, by observing the conditions stipulated therein.

Since there is a writ petition pending before high court, you cannot get any relief to it by filing any case outside high court or any other in India without the current case getting disposed.

You may have to wait and watch the developments since you are also a party to the writ petition.