NRI Marriages and Common Problems

NRI Marriages and Common Problems

According to Gillin as well as Gillin have stated, "Marriage is a socially approved way of establishing family procreation." The phrase NRI Marriage not only means Indian women from India getting married to Indian men from another country, as well as vice versa. However, most of the time, it's that way. Parents always would prefer a perfect bride of their child. They attempt to make the NRI groom because their fascination with foreign things is unstoppable. However, not all NRI marriages can lead an idyllic life. Sometimes, they must confront some challenges to live an enjoyable married life. Sometimes, items are not meant to be to be. In this post, I've talked about the typical problem that results from NRI marriages, like domestic violence, desertion as well as dowry demand divorce ex parte despair and helplessness of spouses in foreign country, and the ways in which Indian justices are taking steps to resolve the issues that arise due to NRI marriages , and what one can do to conduct background checks on the NRI groom as well as other.,

Introduction

The quote states that marriage is a gift from God and is divine. Maintaining it in its original form on earth defines the value of the marriage. Indians regard Marriage as a sacred institution. In India the marriage ceremony is a bonding between two families and not two people.

Two kinds of Indians that settled in foreign nations,

1. People who are looking to make more money,

2. Dreamers who have a goal just to move to a different country. Everyone's goal is to get married to an NRI and move to the country of their choice.

NRI - Non-Resident Indian refers to Indian citizens who reside in a foreign country, i.e., Residing outside of India for a cumulative amount of at least the 183-day period of a financial year is deemed to be an NRI. In this post, I have addressed the most common issues or concerns relating to NRI Marriages and also the Legal Mechanism that are in place to resolve the issues.•

NRI Marriage - Meaning

"NRI Marriage" usually refers to the Marriage between a woman living within India with an Indian man who is in a different country.

Common Problems in NRI Marriages

There are many different ways to view NRI marriages are fairytales due to the fact that a significant number of females from India are affected by marriage Some or all women who get married to NRI husbands also experience. The number of cases is increasing each day. Marriages in NRI are not just for women. Today girls are able to be able to live in foreign countries. However, when compared with men, women have issues when it comes to NRI marriages.

Common issues are

• NRI Bridegroom leaves his wife.

Indian women who have been married to NRI husbands are often left out in India after the wedding. It usually occurs shortly following the 'Honeymoon.' He'll return to the country where he's currently residing with his wife, promising her that he'll prepare all the necessary paperwork and then send his wife the ticket. He'll be waiting to meet her however, he'll likely be moved elsewhere. There's a high probability that his wife is expecting. Therefore, he'll leave his wife and the child (born in later).

In the event that the wife somehow manages to get her husband back from the country. In this scenario she'll be left helpless and unsure of what she can do to locate her husband.

• Domestic Violence

As harmful as domestic violence is for women who are married to men who reside in Indian and other countries, it's even more serious in the context in NRI marriages. In India when a woman is victimized by abuse at home, she is able to be able to confide the situation to her siblings, parents or the local police officials. Imagine the scenario of women who live in a foreign country. She is able to leave her parents behind and all who is concerned about her in order to begin a new life in a brand new nation with the person who she has married.

Imagine being subjected violence in a different country in which she would not be able to live to the people who are concerned about her. The violence that is committed includes battery, assault physical and mental violence and a lack of nutritious food. Sometimes, her child is removed from her.

She'll be faced with two options: either escape her cruel husband , or to endure the violent assault.

• The husband of the NRI already got married

In many instances in many cases, an NRI groom who is already married may cover up the fact that he is married and then marry the Indian woman. When she reaches the house of her husband in the country the country, she'll discover the truth. There she'll perform tasks as a housekeeper. It's because her parents can force the bride to get married, being aware that they already have a wedding. This happens when parents are made to pay the groom or borrowed funds and are unable to pay the amount due or, more alarmingly, threaten to kill the loved ones of theirs.

• Demand for Dowry

Women will also be held for ransom in exchange for dowry payments to her parents. This is common due to the fact that Dowry is similar to corruption. Once you've initiated it, you can't stop it. The child will be returned home if her parents do not meet his needs.

• Ex-Parte Divorce

One of the major issues with NRI marriages is simple Ex-parte divorce. Utilizing the international divorce system that is flexible when it comes to divorce weddings, brides may avail a the decree of divorce in just a few days. However, under the Hindu Marriage Act, 1976 Section 13B it takes 18 years for divorce decrees with mutual consent. A husband from a non-native country getting divorced by foreign law typically avoid maintenance. The wife must fight to ensure the well-being of herself along with her kid.

in the matter of Veena Kalia in the case of Veena Kalia v. Jatinder N. Kalia1 The ex parte divorce order was filed by the husband of a NRI in Canada. In the case, Delhi High Court held that the divorce decree was not valid and that it could not interfere with the divorce petition that was filed by her wife back in India. Additionally, the decree entered by the husband was not able to be used like Res Judicata.

Legal Mechanism to solve the issue of NRI Marriages

• Conflict of Laws

Comparatively with Western states, Indian laws are more strict. Therefore, NRI spouses who reside in foreign countries can use Western laws to seek divorce in order to stay out of Indian laws.

in the matter of Anubha in the case of Anubha. Vikas Aggarwal 2, the petitioner, i.e., the wife of the NRI husband (Respondent) filed an application in India to be separated from her husband on account of desertion and cruelty. The defendant also filed the petition for divorce with his spouse in the USA. The court was contacted to stop the process and the court issued an order to stop the court proceedings within Connecticut, the State of Connecticut, USA for a period of 30 days. The husband, however, was able to obtain a divorce decree in the USA.

However, it was decided that by an Indian tribunal that the divorce decree that the defendant obtained in the USA was not valid since both defendant and petitioner were married in accordance with Hindu Laws. The divorce decree granted to the Connecticut Court was not enforceable in India. Since their marriage was not governed under the terms in the Hindu Marriage Act, the efforts of NRI's results are in vain.

As in the matter of Maganbhai Maganbhai v. Maniben3, a judgment from a foreign court can create an estoppel or res-judicata among the parties concerned, provided that such decision is not susceptible to challenge in any way under one or any of Clauses (a) up to (f) of Section 13. C.P. Code vide.

• Serving Summons

Being able to summon your husband who is in a different country can be very challenging. The wife may not have the address of residence and his official home address. The NRI husbands are quick to change jobs and are difficult to get a job. To make this easier for them, the Centre government. has signed an Mutual Legal Assistant treaty (MALT) in which the member nations are accountable to issue summons or warrants

• Look Out Circulars

To ensure that the NRI is not sent to other nations, Look Our Circulars (LOC) will be distributed for the entire Airports, Harbors, etc.

The LOC is granted by an individual that isn't lower than the rank of Deputy Secretary of the Government of India/ Joint Secretary of the State Government/ Superintendent of Police at the district at the district level.•

LOC lasts for one year, but it can be extended on request. If there's no demand for extension, the LOC will be shut down at the Immigration office after the expiration of one year.

• Custody of Children

In accordance with Section 26 in the Hindu Marriage Act, the court can occasionally issue interim orders on custody in the event that it deems appropriate to ensure the care of children who are minors, in accordance with the child's wishes.

in the matter of Ruchi Majoo, v. Sanjeev J. Majoo, The Supreme Court has ruled that regarding child custody Indian courts have all jurisdiction, even if a foreign court has made an order.

• Registration of Marriages by NRI's

The Registration of Marriage of Non-Resident Indian Bill 2019 was presented in the Ministry of External Affairs in Rajya Sabha. It requires the recording of weddings for NRIs in the first 30 days after the date of marriage.

• Background check on NRI's

Each parent has to perform the required background checks on NRIs who are going to marry their child.

Here are some suggestions that you can use to help you stay on top of things,

Do's

• Find out your marital situation.

• Hire a Private Investigator

• Verify the employment status or job history.

• Make the originals of your ADHAAR Card Passport, Adhaar Card as well as your Social Security Number as well as tax return for the last three years.

• Address proof of residency in the foreign country. and so on.

Don'ts

• Don't get married in private.

• Do not conclude the matter without meeting with the family.

• Do not trust middlemen , or agents.

• Don't fall for fraudulent scams.

• Do not make documents that guarantee the green card by marriage.

• Do not be afraid to speak out if you're confronted by brutality or desertion.

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