Laws Related to NRI Divorce
They provided themes for bollywood hits but in real life, NRI weddings may not be the proverbial bed of roses. Nearly two in every ten NRI marriages are faked or end up in a divorce. As many as 152 cases of fraudulent marriages are registered with the Ministry of Overseas Indian Affairs.
In many cases, girls, just to get a green card, marry Indian Americans and later divorce them, she says, noting “A number of NRI marriages last only for two years, the time needed to get a green card. Many times, people even have kids to make it seem like a real marriage. This is also creating a population of ‘abandoned’ children.”
Woman who sought to use criminal law to punish her husband and in-laws for dowry demands and/ or, or matrimonial cruelty and found that the trial could not proceed as the husband would not come to India and submit to the trial or respond in any way to summons, or even warrant of arrest.
Woman who had to fight nasty legal battles for custody of her children and for child support, and to bring them back with her after she was divorced or forced to leave, sometimes even facing charges of illegally abducting her own children.
Woman married to NRI who was abandoned even before being taken by her husband to the foreign country of his residence – after a short honeymoon he had gone back, promising to soon send her ticket that never came. In many instances the woman would already have been pregnant when he left and so both she and the child (who was born later) were abandoned. The husband never called or wrote and never came back again. The in-laws who could still be in India would either plead helplessness or flatly refuse to help.
Measures being taken by the Indian Government
The Domestic Violence Act has been created mainly to protect women from excesses against them, where action is prompt and justice ensured within three months. There are numerous NGOs and other agencies that provide officers to protect these women.
The ministry of Overseas Indian affairs has been issuing public service messages on television on how vital it is to get marriages registered, and a copy of the marriage certificate be made available as proof. There is also a booklet that has been published titled Marriages to Overseas Indians, which is a Bible for brides and their parents.
Some common situations that lead to divorce are:
• The NRI spouse already has another spouse, and in some cases children also, settled with him abroad. In most of the cases the groom does not take the bride with him leaving her behind with parents. But when the reality is disclosed the girl’s family seeks divorce for their daughter.
• The NRI spouses exaggerate about their possessions in the foreign country - home, vehicle, high paying job, but actually might not be in a position to support a family after marriage.
• The lifestyle of the NRI spouse is too much advanced for the Indian spouse to keep pace with him or her. The NRI spouse feels that he or she is not suitable as a partner and seeks divorce on the grounds of incompatibility.
Whatever may be the reason for divorce, a person who has married an NRI should be aware of the basic laws related to NRI divorce.
• If both the spouses are Indians and have been married under Hindu marriage Act of 1955 they can seek divorce with mutual consent under section 13-b that provides for divorce by mutual consent.
• If both the spouses are residing in USA, or any other foreign country, then they can seek divorce by mutual consent under the country’s divorce laws related to foreign marriages. The Indian legal system will recognize the divorce only if it is with the consent of both the parties.
“There are country specific legalities that need to be studied first. Thereafter, some changes or enhancing some clauses to curb the problem in these countries can be recommended after sensitizing their local authorities about the problem of desertion of Indian brides,” Secretary, Ministry of Overseas Indian Affairs (MOIA), K Mohandas said.
The recommendation was accepted by the committee on observation that it is very easy to seek for and get a divorce in these countries.
“Local authorities in these countries are not much aware of Indian customs and traditions whereby it is very difficult for an Indian woman to enter into nuptial ties again after a divorce,” an MOIA official said.
NRI DIVORCE / MARRIAGE VARIOUS ENACTMENTS
• The Indian Divorce Act, 1869
• The Special Marriage Act, 1954
• The Hindu Marriage Act, 1955
• The Hindu Minority and Guardianship Act, 1956
• The Hindu Adoptions and Maintenance Act, 1956
• The Dowry Prohibition Act, 1961
• The Foreign Marriage Act, 1969
• The Family Courts Act, 1984
• The Muslim Women (Protection Of Rights On Divorce) Act, 1986
It also recommends that the government ask foreign missions to ensure visa isn’t granted without a marriage certificate and social security number, if applicable; that fast track courts take up litigation related to NRI marriages; and that the Law Ministry issue appropriate circulars.
It is clear that certain laws are being amended and help being offered to victims of NRI crimes. However, is this enough or do you feel that more can be done in providing assistance and enhancing awareness of the common man on the subject?
In many cases, girls, just to get a green card, marry Indian Americans and later divorce them, she says, noting “A number of NRI marriages last only for two years, the time needed to get a green card. Many times, people even have kids to make it seem like a real marriage. This is also creating a population of ‘abandoned’ children.”
Woman who sought to use criminal law to punish her husband and in-laws for dowry demands and/ or, or matrimonial cruelty and found that the trial could not proceed as the husband would not come to India and submit to the trial or respond in any way to summons, or even warrant of arrest.
Woman who had to fight nasty legal battles for custody of her children and for child support, and to bring them back with her after she was divorced or forced to leave, sometimes even facing charges of illegally abducting her own children.
Woman married to NRI who was abandoned even before being taken by her husband to the foreign country of his residence – after a short honeymoon he had gone back, promising to soon send her ticket that never came. In many instances the woman would already have been pregnant when he left and so both she and the child (who was born later) were abandoned. The husband never called or wrote and never came back again. The in-laws who could still be in India would either plead helplessness or flatly refuse to help.
Measures being taken by the Indian Government
The Domestic Violence Act has been created mainly to protect women from excesses against them, where action is prompt and justice ensured within three months. There are numerous NGOs and other agencies that provide officers to protect these women.
The ministry of Overseas Indian affairs has been issuing public service messages on television on how vital it is to get marriages registered, and a copy of the marriage certificate be made available as proof. There is also a booklet that has been published titled Marriages to Overseas Indians, which is a Bible for brides and their parents.
Some common situations that lead to divorce are:
• The NRI spouse already has another spouse, and in some cases children also, settled with him abroad. In most of the cases the groom does not take the bride with him leaving her behind with parents. But when the reality is disclosed the girl’s family seeks divorce for their daughter.
• The NRI spouses exaggerate about their possessions in the foreign country - home, vehicle, high paying job, but actually might not be in a position to support a family after marriage.
• The lifestyle of the NRI spouse is too much advanced for the Indian spouse to keep pace with him or her. The NRI spouse feels that he or she is not suitable as a partner and seeks divorce on the grounds of incompatibility.
Whatever may be the reason for divorce, a person who has married an NRI should be aware of the basic laws related to NRI divorce.
• If both the spouses are Indians and have been married under Hindu marriage Act of 1955 they can seek divorce with mutual consent under section 13-b that provides for divorce by mutual consent.
• If both the spouses are residing in USA, or any other foreign country, then they can seek divorce by mutual consent under the country’s divorce laws related to foreign marriages. The Indian legal system will recognize the divorce only if it is with the consent of both the parties.
“There are country specific legalities that need to be studied first. Thereafter, some changes or enhancing some clauses to curb the problem in these countries can be recommended after sensitizing their local authorities about the problem of desertion of Indian brides,” Secretary, Ministry of Overseas Indian Affairs (MOIA), K Mohandas said.
The recommendation was accepted by the committee on observation that it is very easy to seek for and get a divorce in these countries.
“Local authorities in these countries are not much aware of Indian customs and traditions whereby it is very difficult for an Indian woman to enter into nuptial ties again after a divorce,” an MOIA official said.
NRI DIVORCE / MARRIAGE VARIOUS ENACTMENTS
• The Indian Divorce Act, 1869
• The Special Marriage Act, 1954
• The Hindu Marriage Act, 1955
• The Hindu Minority and Guardianship Act, 1956
• The Hindu Adoptions and Maintenance Act, 1956
• The Dowry Prohibition Act, 1961
• The Foreign Marriage Act, 1969
• The Family Courts Act, 1984
• The Muslim Women (Protection Of Rights On Divorce) Act, 1986
It also recommends that the government ask foreign missions to ensure visa isn’t granted without a marriage certificate and social security number, if applicable; that fast track courts take up litigation related to NRI marriages; and that the Law Ministry issue appropriate circulars.
It is clear that certain laws are being amended and help being offered to victims of NRI crimes. However, is this enough or do you feel that more can be done in providing assistance and enhancing awareness of the common man on the subject?
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