Marriage establishes duties, conjugal relations, and certain rights between the partners, and it is for this reason that the law seeks to discharge those marital obligations.
Conjugal rights are considered
to be inherent in the institution of marriage in India, rather than a legal
construct. Inside the sacred institution of marriage the rising number of NRI
marriage frauds has been a cause of concern. As a result, the government of
India formed an expert committee to address this new issue in NRI marriages,
which submitted its report in November 2017. In response to the committee's
various recommendations, the Integrated Nodal Agency (INA) was created, led by
the Ministry of Women and Child Development and comprised of senior officials
from the Ministries of External Affairs, Home Affairs, Law and Justice, and
Women and Child Development.
What are the main issues in an NRI Marriage?
The main problems and difficulties faced by women stuck in deceptive NRI marriages include their ignorance of the possibility of being rejected by their husband shortly after marriage when he refuses to require her to accompany him. Women are mostly harmed when their husbands take advantage of lenient grounds for divorce in other legal systems, leaving them with no recourse. The following are some of the issues that arise in NRI marriages:
Most petitions in disputes involving NRI Marriages pertain to:
The Supreme Court held in Smt. Anubha v.
Vikas Aggarwal that, as laid down by the Apex Court in Y. Narasimha Rao and
Ors. vs. Y. Venkata Lakshmi and Anr., the primary and foremost condition of
recognising a far-off matrimonial judgement is that the relief should be
provided to the applicant on the basis available under the personal law which
was used by the couple to get married.
In another Supreme Court case, Dipak Banerjee vs. Sudipta Banerjee, the husband challenged the Indian court's authority to entertain and search out proceedings brought by his wife under Section 125 for maintenance, arguing that no court in India had jurisdiction in a foreign context to do so because he appeared to be an American citizen and his wife's domicile also followed him. The Court held that where there is a conflict of laws, each case must be resolved in accordance with Indian law, and that the rules of personal law applied in other countries should not be automatically followed by Indian courts. The Court held that the objection posed by the husband was not tenable in view of the object and social intent of Sections 125 and 126, and therefore the jurisdiction of the Indian Court was upheld because it was the court under whose jurisdiction she normally resided.
Safety measure to avoid these NRI Marriage issues
Things to verify about the Groom before marriage
Different accounts of a man from the prior hour should be checked by guardians. It helps to reduce the chances of misrepresentation to some extent. There are very few documents that should be reviewed, and if that is the case, a photocopy of the documentation should be kept.
What safety measures should parents take to diminish the risks of misrepresentation NRI relationships and protect their loved ones in foreign lands?
Other Relevant Information of bodies which seek to help people seeking assistance in a disputed NRI marriage:
Ministry of Overseas Indian Affairs
Address: Jaisalmer House, Man Singh Road, New Delhi, Delhi 110011
National Commission for Women
Address: Plot No.21, 110025, Institutional Area, Jasola, New Delhi, Delhi 110003
Phone: 011 2322 2845
Legitimate Mechanism set up to tackle problems related to NRI marriages:
Incorporated Nodal Agency
The Ministry of Women and Child Development, the Ministry of External Affairs, and the Ministry of Law and Justice have met to discuss the growing issue of NRI relationships, which involves inter-service issues. Currently, an Integrated Nodal Agency (INA) has been established to investigate all issues related to NRI Marital Debates on a consistent basis in order to protect such women. As a result of these decisions, major changes will be made, including the possibility of repudiation/appropriation of identity.
All NRI conjugal debate cases are to be submitted to the National Commission for Women (NCW) for review by all services. Following the NCW inquiry, INA will be given question cases to consider before issuing Look-Out Circulars (LoC).
Enrollment of Marriages by Non-Resident Indians
The Registration of Marriage of
Non-Resident Indian Bill, 2019 was introduced in the Rajya Sabha by the
Ministry of External Affairs, which mandates mandatory enrollment of NRI
relationships with penalties for non-enlistment. According to the bill, every
NRI who marries an Indian citizen must have their marriage registered in India within
thirty days. In addition, every NRI who marries an Indian resident or another
NRI outside of India must register their marriage with the Marriage Officer
within thirty days. The Marriage Officer is chosen from among the remote
nation's conciliation officials. In March 2020, the Parliamentary standing committee approved the bill on compulsory
registration of NRI marriages.
Key Features of the Bill: