Who is an NRI?
NRI stands for Non-resident Indian. An NRI is a person who holds Indian passport and has temporarily immigrated to another country for a certain period of time.
What is the meaning of NRI Marriage?
A marriage between an Indian woman and an Indian man residing outside India, either an Indian Citizen or as citizen of any other country, then the marriage will be an NRI Marriage.
Common Issues in NRI Marriages:
- A women abandoned by her husband who is a citizen of any other country.
- Sexual assault, confinement, ill treatment, abuse both mentally and physically, malnourished, brutally battered huge dowry etc, to the woman by her NRI husband
- Abandoned in a foreign country with no support or means to escape or without any legal permission to stay in the country.
- The NRI husband was already married and has given false information about him.
- Woman was denied maintenance in India by her NRI husband on the pretext that the marriage has been already dissolved by the court in another country.
- Woman who tried to approach to other country’s court for claiming maintenance after discover and then facing technical legal obstacle for getting relief and order in her favor.
LAWS APPLICABLE IN NRI MARRIAGE
The laws such as Hindu Marriage Act, 1955, Special Marriage Act, 1954, The Foreign Marriage Act, 1969 and other personal laws through which the spouses are related. The spouses also have rights in the Inheritance, Succession, Adoption etc, and laws of the family they are married to.
The country laws in which the spouses would get married will also be applicable to their marriage. If any woman and man who are the citizen of India marries in a country outside India then they would be governed according to The Foreign Marriage Act, 1969, but if any man and woman who are the citizen of any other country want to get married in India, then they will be governed under the provisions of Special Marriage Act, 1954.
Other Laws applicable in NRI Marriage
Other than Special Marriage Act, 1954, Hindu Marriage Act, 1954 and The Foreign Marriage Act, 1969, there are many other laws that would be applicable on the NRI Marriages. Such as Section 3 and 4 of the Indian Penal Code, 1860 that comes for rescue in cases where NRI husband or wife is harassed by the spouses or their in-laws in a foreign land. According to Section 3 of the IPC, 1860, if any offence has been committed outside India then it will be tried in the same manner as if the act has been committed I n India itself. The cases in which the in-laws who are residing in India and exerting pressure on their daughter-in-law, who is living outside India to give dowry, will also come under the purview of Section 108 of the Indian Penal Code for abetment.
Therefore, the laws dealing to NRI Marriage revolves around the laws of the land. So it recommended getting your marriage registered by the Registrar in the Indian Court.
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