Meaning of NRI Marriage
NRI is a person who is not a resident in India. NRI can be summed as an Indian citizen who is ordinarily residing India and holds an Indian passport. Therefore, NRI means an individual, being a citizen of Indian origin who is resident outside India.
Laws applicable in NRI Marriage
The NRI’s can solemnize their marriage either through The Hindu Marriage Act, 1955, The Special Marriage Act, 1954, The Foreign Marriage Act, 1969 or any other personal law governing the marriage. The law under which the parties got married will determine the law that would be applicable to them.
Validity of NRI Marriages
The validity of an NRI Marriage holds great significance as it involves a very sensitive and intricate issue of law as well as of facts. In cases of NRI Matrimonial disputes, the court has to decide the legal status of the marriage. The validity of marriage is judged by two ways:
- The formal validity as to whether a religious or civil ceremony has been observed or not. These matters are regulated by the law of the land.
- And the personal law of the parties, as marriage is a personal matter of the marrying spouses.
Problems faced in NRI Marriage
- Woman married to an NRI who is abandoned even before being taken by her husband to the foreign country of his residence.
- Woman brutally battered, assaulted, abused both mentally and physically, malnourished, confined and ill-treated and forced to flee or was forcibly sent back.
- Woman who reached the foreign country of her husband’s residence and waited at the international airport there only to find that her husband would not turn up at all.
- Abandoned in the foreign country with absolutely no support or means of sustenance or escape and without even the legal permission to stay on in that country.
- NRI husband was already married in the other country to another woman Husband had given false information on any or all of the following: his job, immigration status, earning, property, marital status and other material particulars, to con her into the marriage. Husband, taking advantage of more lenient divorce grounds in other legal systems, obtained ex-parte decree of divorce in the foreign country through fraudulent representations and/or behind her back, without her knowledge.
- Woman was denied maintenance in India on the pretext that the marriage had already been dissolved by the court in another country.
- Woman who approached the court, either in India or in the other country, for maintenance or divorce but repeatedly encountered technical legal obstacles related to jurisdiction of courts, service of notices or orders, or enforcement of orders or learnt of the husband commencing simultaneous retaliatory legal proceeding in the other country.
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