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S2NRI brings simple yet sure solutions to NRIs’ legal problems, where NRIs can get rid of their problems that include legal documentation solutions, property consultancy, legal certificates, financial services etc.

How to Clear Criminal Record in Canada & India to Get PCC

How to Clear Criminal Record in Canada & India to Get PCC

An allegation is enough to spoil a life. It can put one’s career at stake. Think of a scenario wherein an NRI was falsely caught up in the claws of the law. His piece of land was confiscated by the land mafia. When he raised voice, the lawbreaker conspired and put him behind the bar. However, he was innocent. But eventually, his name was registered in the list of criminals. The case was filed.

It cast negative impact over him. His visa was cancelled. The police kept his passport. All in all, the law thrashed him badly.

This is just an example. Hundreds of people are going through similar allegation. Despite being innocent, they have to undergo the physical as well as psychological sentence.

How can criminal record harm you?

If you’re alleged for disrespecting the law, your life changes completely. No insurance company seems ready to sell its policy to you. Even, you can’t take a loan to combat the financial crisis. Moreover, your banking transactions are sealed. If it’s permitted, the spies pry into your life.

If you think it’s the end of the torments, it’s not. None of the companies hires you. If, somehow, you get the job, the revelation brings a bad name. The reputed companies endeavor to maintain distance from such people. Hiring a house or a vehicle on rent becomes a hard nut to crack.

These are a few stances to analyse how much harm you can bear. Such circumstances can trap you in India or anywhere.

Here I’ll share what the procedure of maintaining such records in Canada. And what can you do to get off from such a critical situation. First, I’ll start with the Canada.

How criminal records are maintained in the Canada?

The criminal records in the Canada are captured and stacked at the Canadian Police Information Centre (CPIC). It is the competent authority to issue police clearance certificate. Since the officials at this center maintain a proper record, they turn over their registers and fetch all such details.

It’s true that such records can be eliminated from public view. But certain conditions are applied. If you’ve such record, you can file a plea to suspend it. But your crime should fall under these guidelines:

  1. You’ve been convicted and have completed the punishment of the sentence.
  2. You’re successfully mingled into the society.
  3. There should be no conviction for committing crime against the children.
  4. You should not be sentenced for two or more years.

If your criminal background covers the aforementioned guidelines, you gain the chances to get a police clearance certificate (PCC). But the person should have been living there. Suppose a person spends six months. He must have to fill an online application for the PCC or get it directly from the police commissioner.

How can you get police clearance certificate in Canada?

The CPIC can keep your criminal record under the cover. You have to make a personal request to them. It’s a legal act. Once it will scrutinize, it’ll approve your request. Subsequently, you would be untraceable in the police records. You’ll be able to kick-start a new life. Mingle in the society. And also, the employers will not be able to know anything suspicious about your history.

Bear in mind that you’ll get such leverages provided that you’ll not breach the law again. On the contrary, you can be caught up in the noose of law if you redo the crime. The police will launch your criminal record to the public view again. Consequently, your productivity will be retarded. The federal authority will get exposure of your criminal background.

What’s the process of criminal record suspension in India & Canada? 

  • Suspend such records in the Canada-How:

It would be a herculean task to suspend such offensive claims of self. You need to make hundreds of rounds at the CPIC. The paperwork will not be like a piece of pie. Therefore, it’s advisable to take the help of a professional advocate. You need to walk through fingerprinting several times. So, deploy a professional to help you out.

Timeframe for completion of suspension process:

It can be 12 month or 244 month long process. The Canadian Parole Board usually takes that much time.  Hold your horses. And don’ forget to hire the professional.

  • Suspend criminal charges in India-How:
  1. Lodge complaint with appropriate authority regarding wrong allegation.
  2. Don’t provide any evidence to the investigation officer as it’s not mandatory. He/she will provide it.
  3. Lodge a police complaint. If the police is not responding against false allegations, you can file a case on these grounds:
  • The case doesn’t comprise any offence under the law.
  • The complainant doesn’t have any evidence against you.
  • You have the concrete proof of your innocence that you can provide in the court.
  • If you don’t possess any proof of your innocence, seek the Notice of Acquisition immediately to contest in the court.
  • During trial, you can seek the evidences from the opposition. In the absence of original proofs, the court would cross-examine & nullify charges.
  • The court will consider you as a witness himself/herself. You’ll get an equal weighted as some other proof.
  • You can book the defaulter under a damage case.
  • You can book the advocates helping the defaulters for manipulating the law.
  • The officers/authority accompanying manipulators/defaulters can be sued if the default is proven mechanical in nature. You can seek action against them from the court.
  • You can file case in the subordinate judiciaries of the High Court & the Supreme Court.

Unmarried Father’s Right- Name or Not on Child’s Birth Proof

Unmarried Father’s Right- Name or Not on Child’s Birth Proof

The custody implies his/her guardianship. You can take it as the care-taking right of the child. It’s a very sensitive issue. The father and mother together foster their child. But sometimes, it doesn’t happen. The conflicts turn into litigation. And the parents fight to grab their child custody. After all, he is their heir-the descendent.

Such kind of legal battle rises due to divorce, legal separation, or complications in the child fostering (between the unwed couple).

What if the child is born to the unwed mother & father? Who would win his custody? Will it be his mother or father?

This blog will dispel all such confusions spotlighting legal rights of the child’s custody.

Let’s catch a glimpse of these:

  1. The mother holds the natural right of the child’s custody:

A mother conceives and gives birth to the child after a bone-chilling pain. Therefore, the legislation awards her the primary right to hold his/her custody. It is considered as her natural right to care, nurture and control him/her. It doesn’t matter whether or not she is married or unmarried mother.

The law clearly states that her right is above the right of the father over the child. But the father can challenge to claim over his custodial right on these conditions:

  • The mother is unfit/ physically incapable of fostering her child.
  • She has abandoned the child.

But if she has physical capability, she would automatically win.

  1. The father’s custodial right:

If the father is named on the birth certificate of his child, he will automatically be his/her primary custodian. Generally, he would be his/her biological father. He would be called as his/her legal father. Conversely, his suitability to have custody defines whether or not he would be able to take care of the child.

The father can’t attain primary physical custody right on one condition. If he is an unmarried father & claims to name on the child’s birth certificate. This right would be of the mother.

But he can claim for some custody or visitation rights.

Types of child’s custody:

The decision over the custody is the subject matter of the child’s best interest standard. So, it can be physical as well as legal.

Let’s go through both types of custodies:

  • Physical custody:

It determines with which parent the child is staying with mostly. It is awarded by verifying the physical fitness, potential and capability to nurture the kid.

But traditional right goes with the mother. She was awarded this kind of custody. But now, the amendments in legislation have changed the scenario. It can be of both parents’ as a split or joint custody.  Under this one, both parents share the equal custodial right. But the court verified if or not both parents qualify for it. Let’s say, if both fight with each other and go violent, this joint custody will never be awarded.

  • Legal custody:

It infers the parents’ ability of legal decision-making, like signing birth certificate, taking admission in the school, attending child counselling and so on.

Alteration in father’s custodial right:

The court can take back this child-rearing custody from the father. But there should have concrete reasons. The big circumstantial changes can lead to this kind of change. The circumstances can be job transfer or relocation or any other one. In such cases, the custodial right would be transferred.

In doing so, the approval of the court-judge is essential. The judge would take the best decision in the interest of the child.

The unmarried father gets deprived off signing his child’s birth certificate:

Recently, Mumbai and Kolkata courts have declaimed a significant decision. Under it, the unwed mother would have a legal right to get registered on the child’s birth certificate. The unmarried father’s name would be cut off from it.

All these decisions would be carried out under the law. She would file an affidavit of the child’s birth in the court. And the court would approve it thereafter.

How to Get Non Availability of Birth Certificate for Passport in India?

How to Get Non Availability of Birth Certificate for Passport in India?

Registration of birth acts as a supportive government document to identify its natives. Determining citizenship of an individual becomes a walkover if he/she is registered. This document creates a fictitious image of the person in the books of hospitals or competent authority.

Now, what if the birth is not registered with the municipal corporation? Will the government be able to recognize its citizens? Will the school be able to take admission of the children? Will the passport authority be able to issue passport? Will such unregistered citizens be able to get PAN card, Aadhaar card, ration card, and driving licence? None can ever be able to do so.

There are some districts and regions (especially in rural India) awhere people don’t bother for birth-registration. Even five or six decades ago, most of the citizens lived without their birth proof. But now, the picture is different. Present scenario needs its evidence to identify the person. So, every parent mandatorily applies for their ward’s birth certificate.

Unfortunately, a few misplace, tear, burn or even, damage it by mistake. What should be done in such situation? The valid proof is no more. Many of us encounter this problem when apply for passport especially. It can be sorted out by following these steps:

Non-Availability of Birth Certificate (NABC): It is the best and only valid alternative to withdraw your birth certificate. The passport applicants must apply for it if they don’t have their authentic proof of birth.

Document required for NABC: How to Get Non Availability of Birth Certificate is easy. First, collect all the documents which prove authenticity of your birth. However, these are authentic but will be considered as secondary proofs. What can be these documents, have a look below. Any of these would be accepted:

  • Delivery certificate/paper issued from the hospital
  • School certificate
  • Driving Licence
  • Bank passbook
  • Aadhaar card
  • PAN card
  • Ration card

Where do we go to get it/ whom do we contact to?

Through Outsourcer:

A number of outsourcers are emerging in India to combat this issue, like S2NRI. How does it help you?

  • Create login or sign in on s2nri.com.
  • Send the inquiry as “apply for NABC”.
  • Scan and send any of the proofs mentioned above.
  • Pay marginal service charge online.
  • Within 15 to 30 days, the NABC is delivered.

Through offline:

  • Visit Municipal Corporation office in your locality.
  • Fill NABC application form 10.
  • Or, write application for NABC.
  • Enclose birth proof, like hospital papers/ school certificate/Aadhaar card/Pan card and so on.
  • Affidavit from the court.
  • Pay fee.
  • Get stamp from the Registrar.

The applicant can apply for non-availability of birth certificate online as well. Visit the official website of the regional municipal corporation and complete the form. After getting it, the applicant can apply for certificate of birth at the same municipal corporation office. And later, it would be possible to apply for passport.

How to Apply for Marriage Certificate in Mumbai, India

How to Apply for Marriage Certificate in Mumbai, India

Life takes a giant leap since the big day arrives. It’s the wedding bells that ring the transformation in the life of the spouses. Most of the couples forget to register it. It’s the biggest flaw that can prove the biggest mistake ever.

Before understanding how, we must have knowledge under which acts the wedding is registered. Since India is a secular country, it has constituted two acts for this purpose. These are the Hindu Act 1955 and the Special Marriage Act 1954. The apex court, i.e. Supreme Court, has implemented these acts as mandatory to follow in 2006. This order was executed for protecting women.

The Hindu Marriage Act 1955:  

Hindu citizens are free to solemnize marriage willingly with traditional customs and related tantrums. Nonetheless, the Indian constitution has formulated an act called the Hindu Marriage Act, 1955 to get it legalized. It becomes a licit proof to claim authentic relation of a married couple.

The Special Marriage Act 1954:   

This act was drafted with a special motto. India is a land of diversity where communities of different religion live together. However, different communities prefer to solemnize wedding in their own community but it’s not mandatory. Any person can arrange inter-religious marriage, if willing. Although some communities, like Jat, forbade it yet the Supreme Court has approved this matrimonial arrangement under this act.

What documents are required to apply for marriage certificate post wedding?

  • Application form
  • Date of birth proofs of husband and wife
  • Address proof of both
  • 4 passport size photographs
  • 1 marriage photograph
  • Affidavit
  • Aadhaar card
  • Marriage invitation card

How to apply for marriage certificate in Mumbai, India online?

  • The spouses must visit the office of Assistant-Divisional Magistrate (SDM) during working days.
  • Fill the marriage certificate application form. It must be attested by both, husband and wife.
  • Enclose the mandatory documents along with application & submit.
  • The recipient officer will verify them on the same day while an interview with the SDM is fixed for some another day.
  • Both spouses along with Gazetted Officer must be present on the day of interview with the ADM together. After their one-o-one, the competent authority issues it on the same day.

How to apply this certificate online through S2NRI?

  • Visit the sitewww.services2nri.com/MarriageCertificate
  • Create login supplying password. If the applicant is not registered, get it registered. Thereafter, he/she can login easily.
  • Scan and send the authority letter along with the foretold documents to S2NRI. Since marriage certificate can’t be issued in case of absentia, therefore, this authority letter is a must.
  • Meanwhile, the backend team of S2NRI will be in touch with you while supplying every update through email.
  • Get mail for registration, receipt of the document and delivery messages on your registered email Id.
  • Within 2 to 4 weeks, it will send a soft copy of your original marriage certificate after payment.

Like Tatkaal Passport Seva for getting passport, the applicants willing to get marriage certificate on urgent note can procure it. The Revenue Department of Delhi government has introduced this hasty service in April 2014 provided that the applicant must pay INR 10,000 during registration. For it, the online registration process should be conducted.  Subsequently, this certificate is delivered within 24 hours.

Interview with ADM:

In first case (i.e. Hindu Marriage Act), the applicants must register online within 15 days of marriage. It is mandatory to do so. But if it’s the case of the Special Marriage Act, the duration is elongated. The couple can register to get the valid proof of marriage within 60 days.

How many witnesses required?

The couple must accompany the eye-witness of its big-day. It is a must for the witness to take along his/her PAN Card and address proof as valid proof of his/her identity.