What To Do When An Nri Marriage Faces Legal Complications?
- Mehtab Ali
- Nov 25, 2024
- 4 min read
In Recent Years, Globalization Has Advanced Incredibly. As A Consequence, More People Are Embracing Global Relationships Than Ever Before. For Example, Non-Resident Indian (Nri) Marriages Can Be Regarded As A Classic Example Within This Realm Since Such Households Have A Rich Mixture Of Cultures And Ways Of Living. Such Marriages, However, Are Gratifying, And Come With Some Limitations Especially, In The Case Of Non-Indian Citizens Due To Differences In Legal Systems, Racism, And Immigration Policies.
Usually, In Case Of Marital Discord Concerning Non-Resident Indian Marriages, It Is Important To Know What The Law Provides And What Alternatives One Has To Resolve The Issue.
Nri Marriage: About
Nri Marriage Refers To A Marriage In Which An Indian Citizen Marries A Spouse Of Indian Origin Citizen Living In Another Country Or A Foreigner. Usually, These Marriages Fall Beneath The Indian Legal Framework Like The Hindu Marriage Act, The Special Marriage Act, Or Personal Laws Depending On The Religion Of Such Individuals.
However, Cross-Border Dimensions Introduce The Laws From Other Jurisdictions, Such As Immigration Laws And Family Laws Of The Country Of The Resident Spouse. In The Case Of Conflicts, The Very First Concern Is Identifying What Legal Regime Applies To The Given Case.
Legal Complications Of Nri Marriage
Abandonment: The Topic Of Abandonment Manifests Aghast In A Marriage With Nris Since It Occurs Within A Short Period Of The Union. In Most Situations, One Partner Relocates To Another Country In The Assurance Of Being Supported, But The Person Stays Without The Needed Support.
Dowry: Some Phenomena Of Nri Marriages Involve Dowry. In Cases Like These, Brides Are Often Abused, Left, Or Even Physically Assaulted For Not Complying With Such Demands.
Custody And Child Abduction: As In Any Divorce, When Children Are Involved, They Hand Over Custody Issues To Complications Due To Cross-Border Conflicts. Cases Where A Father Or Mother Relocates With The Child To Another Country Without The Other Parent’s Consent Happen As Well.
Ex-Parte Divorces Abroad: One Of The Most Abused And Misinterpreted Legal Processes One Could Think Of Is The Ex-Parte Divorce Obtained Abroad. For Instance, A Wife Nri May Obtain A Divorce Against Her Spouse In Another Country Without His/Her Knowledge Or Consent. This Usually Results In Chaos And Injustice Since The Said Decree May Be Considered Illegal Within The Context Of Indian Law.
Property And Financial Disputes: Difficulties About The Splitting Up Of Marital Properties, Maintenance Of The Spouses, Or Support Alimonies Tend To Escalate Where Such Properties Are Scattered Over More Than One Jurisdiction.
Ways To Tackle Legal Complications Of Nri Marriage
Obtain Legal Consultation Without Delay:
The First Step In Dealing With Any Type Of Legal Issue Is To Reach Out To An Accredited Lawyer Who Deals With Nri And International Law Issues.
Legal Counsel Helps In Informing The Wronged Party On The Jurisdiction And The Possible Legal Remedies Available Both In India And Internationally.
Make A Report To The Relevant Indian Authorities:
In The Case Of Abandonment, Dowry Harassment, And Domestic Violence:
National Commission For Women (Ncw): Especially In Cases Where The Woman Is From India And Married To An Nri, The Ncw Helps Women Lodging Such Complaints. They Are A Co-Coordinator And Liaise With Embassies And Overseas Authorities.
Ministry Of External Affairs (Mea): The Integrated Nodal Agency Of The Mea Assists In Locating Nri Husbands And Helps Provide The Necessary Legal Action.
Employment Of Penal Provisions:
The Bhartiya Nyaya Sanhita, 2023 (Bns) Contains Several Applicable Provisions, Including Section 85 (Which Deals With Cruelty By Husbands Or Relatives), And The Dowry Prohibition Act 1961.
These Instruments Also Provide For The Issuance Of Lookout Circulars (Locs) Aimed At Restraining An Nri Spouse From Escaping The Country.
Civil Remedies For Maintenance And Child Custody:
For Maintenance And Child Support:
File An Application Under Section 144 Of The Bhartiya Nagarik Suraksha Sanhita Or Under Personal Laws.
Seek Assistance From Family Courts For Interim Measures Particularly When The Financial Position Of The Respondent Spouse Is Unknown.
For Child Custody:
Hague Convention On The Civil Aspects Of International Child Abduction If Both Countries Are Signatories.
In Indian Courts, Child Welfare Is The Deciding Factor In Cases Where Custody Is In Contention.
Recognize Foreign Divorce Orders:
If An Nri Couple Receives A Divorce From Any Foreign Court/Jurisdiction, The Wife Or Husband Can Refuse To Recognize Such A Decree Under Section 13 Of The Civil Procedure Code, Which Deals With The Enforcement Of Decrees Made By Foreign Courts.
Under Indian Law, For A Foreign Divorce To Be Recognized, It Must Conform To Indian Laws And The Principles Of Natural Justice.
Support With Immigration And Visa:
In Case Of Being Stuck Outside The Country Or Under House Arrest Due To An Unexplained Visa Cancellation, It Is Advisable To Contact The Indian Embassy Or Consulate For Help. The Embassies Can Also Provide Interim Accommodation, Legal Assistance, And Repatriation Services.
Make Sure That The Marriage Is Registered As Per The Indian Laws. A Professionally Sanctioned Marriage Is Less Convoluted To Paper And Protected From Any Legal Outcomes. Prepare A Premarital Contract Considering Assets, Funds, And Other Conditions To Avoid Conflicts In Relations In The Future. Keep The Passport, Visa, Employment, And Property History Documents Of The Spouse Who Is A Non-Resident Of India. Learn The Provisions Provided Relevant To You In The Indian As Well As Foreign Law. The Understanding Of The Laws Helps A Great Deal In Overcoming Any Obstacles That May Arise.
One Can Talk To A Lawyer From Lead India For Any Kind Of Legal Support. In India, Free Legal Advice Online Can Be Obtained At Lead India. Along With Receiving Free Legal Advice Online, One Can Also Ask Questions To The Experts Online For Free Through Lead India.
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