NRI & NRI Marriage – What Problems May Arise Out Of It?

A person holding an Indian passport and temporarily immigrated to another country for a certain period is called an NRI.

‘NRI marriages’ generally means a marriage between an Indian woman and an Indian man who is residing in another country,(NRI- non-resident Indian).

The Problems Which May Arise Out Of NRI Marriage

• After marriage it comes out that NRI husband has given false information about his job, immigration status, earning, marital status, and other material particulars, in order to cheat her to perform the marriage.
• Many a time woman married to NRI may be abandoned even before taking her to the foreign land.
• Woman brutally battered, assaulted, abused both mentally and physically, malnourished, confined and ill-treated and forced to flee or was forcibly sent back.

Which Law Applies In Non-resident Indian Marriage?

Various laws governing NRI marriages are the Hindu Marriage Act, 1955, Special Marriage Act, 1954, The Foreign Marriage Act 1969, and other personal laws through which both the spouses are governed. The law under which the parties have married is the law that will govern the marriage disputes.

“Supreme Court” has highlighted some integral points and has advised to consider legislative protection of the interests of women and also stated the below-mentioned provisions:
1.    When an NRI gets married to an Indian woman in India, it cannot be negated by any overseas court.

2.    In the case of separation, justified alimony must be paid to the wife from the husband’s property.

3.    The verdict of the Indian court should be made practicable in any foreign court both on the principle of harmony by entering into mutual agreements and notify them under section 44A of the Civil Procedure Code.

Other rights relating to matrimonial alliances such as inheritance and succession, adoption are also regulated by the same family of law.

A few interesting GLOBAL OPINIONS ABOUT MARRIAGE