NRI marriages’ generally mean a wedding between an Indian woman and an Indian man who is residing in another country (NRI- non-resident Indian), either an Indian citizen (when he would legally be an ‘NRI’) or as citizen of foreign country (when he would legally be a PIO Person of Indian Origin).
Marriage in India is a sacrosanct union and it is between two families, rather two individuals. One of the main reasons for such marriages is the scorching wish to live in a foreign country. This insane enthusiasm is present in every other regardless of their age, gender or caste. And the road to abroad lies through work, education or wedding. While studies are challenging as it is costly, men usually try to get a job there for their living while most of the ladies choose the last and easiest way to the dreamland by getting married to a person living in a foreign country.
Many a man and woman of this land with different personal laws have migrated and are migrating to different countries either to form their permanent abode there or for temporary residence. Likewise, there’s also immigration of the nationals of other countries. The advancement in communication and transportation has also made it easier for people to hop from one country to another. There are cases where parties having married here are either domiciled or residing separately in several foreign countries. This migration, temporary or permanent, has also been giving rise to varied sorts of matrimonial disputes destroying in its turn the family and its peace.
The last few decades have witnessed a phenomenal increase in NRI marriages due to the increased migration of Indians abroad. In many of these marriages the groom is typically an NRI while the wife is a resident of India. Naturally the number of disputes relating to such marriages has also increased. While in some marriages the wife may be able to fight a legal battle, particularly if she is in a financially strong position, in most marriages wives are the more vulnerable party. The present note focuses on the problems faced by women when a marital dispute arises in NRI marriages (marriages in which at least one party is an NRI or Person of Indian Origin), since they are the persons who are affected most adversely.
As marriage is a patrilocal affair in India, the wives are expected to join their husbands wherever they might be living. However, an alarming number of these marriages are fraudulent marriages or marriages for dowry etc. in which the groom has no intention to live with his wife. Instances of abandonment/desertion of the wife after a short while have been reported in some NRI marriages. Sometimes the wife never joins her husband abroad and is abandoned in India and sometimes she is forced to return to India or left to fend for herself in foreign lands.
The major issues and challenges faced by women trapped in these deceptive NRI marriages are the unawareness about the likelihood of being abandoned by their husband right after marriage, when he refuses to require her alongside him or the Women suffers physical/mental abuse and or dowry demands or the husband is found to be already married or the information provided by the husband turns out to be wrong in respect of his job, immigration status, earning, property, legal status and other material particulars, to con her into the marriage. Woman who approaches the court, either in India or within the other country, for maintenance or divorce repeatedly encounters technical legal obstacles associated with jurisdiction of courts, service of notices or orders, or enforcement of orders or learnt of the husband commencing simultaneous retaliatory proceeding within the other country.
Many a times the husband files petition in the country of his residence to seek divorce from the wife who has already been abandoned and since the wife is starved for resources, and is unable to go to the other country to contest the proceedings, the husband easily procures an ex parte decree. The courts in India have, however, held such divorces invalid, and contrary to Indian law if the ground under which the divorce was granted is not available under the personal law applicable to the parties in India. The Courts have also held that a decree obtained abroad would be invalid if it was obtained without a proper contest between the parties. Most of the Indian wives who are deserted, find it difficult to get maintenance from their husbands living abroad and the law in force stipulates that a decree passed in Indian Court can be enforced abroad only if India has treaty with that country. Deserted wife also faces major problems in demanding back her stridhan given by her parents/family at the time of marriage. There are laws prevalent in India for summoning the husband living abroad but various difficulties arise in effecting the service.
It is this helplessness that the law should aim to overcome by empowering the woman. However, the current legal framework compels her to be either rendered remediless or endure the abuse. To the courts empowered to grant her remedy, she lacks access, and the courts that she has access to lack the remedies. The conflict of laws raises a massive problem of jurisdiction of courts, for only those courts possess jurisdiction where the couple or the respondent (often, the husband) is habitually resident- which is the foreign country. The second condition may be the domicile of the parties, which also leads back to foreign courts. The domicile of the husband in the foreign land is easily established due to his status as a resident there, and S.15 of the Indian Succession Act, as also the common law, provide that the wife has no independent domicile, and follows that of the husband. Thus, when women return to India, to their family and familiar surroundings, they do leave marital abuse behind, but they also leave behind their legal rights and entitlements.
Our Government must think about passing a broad guideline/legislation to ensure that all protection is given by-law to Indian women, regarding wedding, separation, their maintenance, inheritance as well as custody of children, etc. The precautions that the government is taking are actually necessary yet there is a dire need to approach cooperation in a more active way between the ministries at the state level as well as among the countries at international level.
At present, there is no uncertainty in the fact that women in India are hurting in silence. Their societal, financial, and personal rights to live their life with self-respect and harmony are getting destroyed without any regret. The girls who are suffering need our attention so that we ensure they are safe and comfortable.Post
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