Marriages are a common occasion across the globe. However, life is a long journey and is full of ups and downs. While marriage is a beautiful ritual varying in every country and continent, it may comprise certain obstacles for the partners in the future.
There are provisions in the law that help partners resolve any problem they come across in this union. However, people are still unaware of the details of NRI marriages and divorce. This article will educate you about the provisions the law has for the same.
NRIs And Marriage
The full form of the term NRI is Non-Resident Indian. A person is called an NRI when they hold an Indian passport and emigrate to various countries for studies or jobs.
Marriage is a legal union of 2 individuals as partners in a personal relationship. It can be called an integral part of the law as it establishes all kinds of legal rights and obligations between them, between their children born out of wedlock and them, and between them and their in-laws.
Many a time it happens that Indian resident families want to get their daughters married to NRI men as it is a common notion that they are earning a good amount of money in a foreign land. However, things may not turn out to be as expected. Because it is not only a union of 2 individuals but 2 regions as well, there is a law for NRI marriages and divorces.
There are various laws in India that govern NRIs in marriage, divorce, custody of children, and more. These laws are as follows:
- The Hindu Marriage Act, 1955
- The Special Marriage Act, 1954
- The Foreign Marriage Act, 1969
- The J&K Hindu Marriage Act, 1980
- Goa, Daman and Diu Laws
- Quranic Laws of Muslims
- Parsi Marriage and Divorce Act, 1936
- The Indian Christian Marriage Act, 1872
- The Indian Divorce Act, 1869
- Hindu Adoption and Maintenance Act, 1956
- The dissolution of Muslim Marriages Act 1939
- The divorce Act 1869
- The Marriage Laws (Amendment) Act, 2003 (Act No. 50 of 2003)
All the laws mentioned above are applicable to an NRI’s marriage in India. In case both the individuals belong to the same religion, they will be governed by the law that is for that religion. If the partners belong to different religions, they will be governed by the Special Marriage Act in India. One can find the conditions of a valid Hindu marriage in section 5 of Hindu Marriage Act, while section 4 of the Special Marriage Act comprises conditions for the solemnization of marriage.
However, there is uniformity in all laws that there should not be a living spouse by the date of marriage; they should attain majority and not within the degree of the prohibited relationship.
Issues
NRI marriages have witnessed many issues, which are increasing in number these days. Many Indian women have been facing major issues after marrying NRI men. Some of the common issues are as follows:
- Cases of abandonment of Indian brides after honeymoon were witnessed. In many of these cases, Indian brides were left behind by NRI husbands at airports by telling them that they were going to bring the car and then vanishing. Many Indian brides were pregnant after their short honeymoon.
- In some cases, the brides were taken abroad and made to work like maids and confined to a room, harassing them physically and mentally.
- Many potential NRI grooms lied about their employment and qualifications to the bride’s family and asked for dowry.
NRIs And Divorce
If the spouses want to get separated with mutual consent or want to get separated because of certain matrimonial disputes, there is divorce law in India to help them get a divorce legally.
Here are some laws that apply to NRI marriages:
- If both the partners are Indians and are married under the Hindu Marriage Act, 1955, they can seek divorce with mutual consent under section 13-B as it provides for “divorce by mutual consent”.
- If both the partners are residing in the United States of America or any foreign country, they can seek divorce by mutual consent under that country’s divorce laws concerned with foreign marriages. The Indian legal system recognizes a divorce only if it is with the consent of both the partners.
There are two types of divorce decrees. These are as follows:
- Uncontested Divorce
In this type of divorce, both the parties agree to the terms of divorce without any objection. This can also be called “divorce by mutual consent”. Herein, the partners can get a divorce in a few months.
- Contested Divorce
In this type of divorce, both the parties want a divorce but are not able to come to agreement concerning their children’s custody, alimony, property, and more. Herein, the court settles the case only after getting the separation agreement signed.
Along with the laws in India mentioned above, the Registration of Marriage of NRI Bill was introduced in 2019. Here are the consequences of not abiding by the Bill:
- The Passport Authority of India can impound the NRI’s passport under section 10(3) of the Passports Act, 1967.
- Indian courts can issue warrant and summons to the accused through MEA’s (Ministry of External Affairs) designated website.
- In case there are proclaimed offenders, their movable and immovable properties can be seized.
Do Foreign Divorce Decrees Get Recognized In India?
Foreign divorce decree is recognized in India. However, if an NRI couple got married in a foreign land, they stay unperturbed by Indian divorce laws. Here’s where Indian laws can work in case of separation of a couple:
- NRI spouses who got married in India
- Citizens of a foreign region who got married in India
- Resident Indian spouses who got married in India
If you are facing any of the issues mentioned above and are a residing in Chandigarh, you can find many reputed marriage lawyers. You can choose from various law firms in Chandigarh to settle your case.
Conclusion
Marriages are common across the world. They are a legal union between two individuals who want to spend the rest of their lives together. However, not every marriage turns out to be beautiful and needs to be indeed, resulting in divorce.
In India, there are provisions for a divorce in every religion’s marriage act, through which the couple can lawfully get separated. However, confusion arises when an NRI (Non-Resident Indian) marries a resident of India in the country itself or in a foreign land.
There have been many cases wherein NRIs have married Indian women and have either left them after a short honeymoon or taken them abroad and treated them like maids, harassing them physically and mentally.
Witnessing an increase in such cases, Indian law has provisions to provide justice to the victims. These provisions have been mentioned above. There are two types of divorce in India, i.e., contested and uncontested as some couples may get divorced mutually and some may have agreement issues over child custody, property, alimony, and more.
If you are a resident of Chandigarh and are looking for lawyers to legally help you with a divorce, you can choose from many reputed law firms in Chandigarh. Hire the best marriage lawyer in Chandigarh and give your case a solid base.
