A newly married woman is often 'isolated' away from home in an alien land, facing language constraints, communication problems, and a lack of appropriate local criminal justice, police, and legal system knowledge in NRI marriages. This article explores the things them and their families must keep in mind before entering such an alliance and what to do in case they face a breakdown of their marriage in foreign territory.
The law intends to discharge certain marital responsibilities because marriage creates roles, conjugal relations, and certain rights between the spouses. In India, conjugal rights are regarded as a natural part of the institution of marriage rather than a legal construct. The growing number of NRI marriage frauds has been a source of concern within the sacred institution of marriage. As a result, the Indian government created an expert committee to discuss this new problem in NRI marriages, and its report was submitted in 2017. The Integrated Nodal Agency (INA), headed by the Ministry of Women and Child Development and comprised of senior officials from the Ministries of External Affairs, Home Affairs, Law and Justice, and Women and Child Development, was established in response to the committee's various recommendations.
The key issues and challenges faced by women trapped in deceptive NRI marriages include their lack of awareness of the risk of being rejected by their husband soon after marriage when he declines to require her to accompany him. The majority of women are affected when their husbands take advantage of lenient grounds for divorce in other legal systems, leaving them without redress. Some of the problems that occur in NRI marriages are as follows:
In Smt. Anubha v. Vikas Aggarwal, the Supreme Court held that, as laid down by the Apex Court in Y. Narasimha Rao and Ors. vs. Y. Venkata Lakshmi and Anr., the primary and foremost condition of recognising a far-off matrimonial judgement is that the relief should be given to the claimant on the grounds available under the personal law that the couple used to get married.
In another Supreme Court case, Dipak Banerjee vs. Sudipta Banerjee, the husband argued that no Indian court had jurisdiction in a foreign sense to entertain and search out proceedings brought by his wife under Section 125 for maintenance, claiming that he appeared to be an American citizen and his wife's domicile followed him. The Court held that when there is a conflict of laws, each case must be decided according to Indian law, and that personal law rules enforced in other countries should not be followed by Indian courts automatically. The Court held that the husband's objection was without merit in light of the purpose and social intent of Sections 125 and 126, and that the Indian Court's jurisdiction was upheld because it was the court in which she usually resided.
Things to verify about the Groom before marriage
Guardians can review different accounts of a man from the previous hour. It helps to mitigate the risk of misrepresentation to a degree. Only a small number of documents should be checked, and in such cases, a photocopy of the documentation should be held.
Safety measures should parents take to diminish the risks of misrepresentation NRI relationships and protect their loved ones in foreign lands?
Incorporated Nodal Agency
The Ministries of Women and Child Development, External Affairs, and Law and Justice met to discuss the growing problem of NRI relationships, which includes inter-service issues. In order to protect such women, an Integrated Nodal Agency (INA) has been created to investigate all issues related to NRI Marital Debates on a regular basis. Significant adjustments will occur as a result of these actions, including the likelihood of identity repudiation/appropriation.
All cases involving NRI conjugal debate must be forwarded to the National Commission for Women (NCW) for review by all providers.
Enrollment of Marriages by Non-Resident Indians
The Ministry of External Affairs introduced the Registration of Marriage of Non-Resident Indian Bill, 2019 in the Rajya Sabha, which mandates mandatory enrollment of NRI relationships with penalties for non-enlistment. Any NRI who marries an Indian citizen must have their marriage registered in India within thirty days, according to the bill. Furthermore, every NRI who marries an Indian national or another NRI outside of India must register their marriage with the Marriage Officer within thirty days. The Marriage Officer is chosen from among the conciliation officials of the remote country. The bill on compulsory registration of firearms was approved by the Parliamentary standing committee in March 2020.
If an individual fails to appear after the proclamation is issued, the court will issue a written statement confirming that the proclamation was issued. This statement will be definitive proof that the warrant had been released and served. The court may also require the proclaimed offender's land to be attached.