Getting Married with NRI – Either in India or Abroad | Is not Always Simple

Getting Married with NRI – Either in India or Abroad | Is not Always Simple

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Getting Married with NRI: Despite the fact that relationships are considered among the most fundamental common liberties, the system is definitely not essential, in any event, for the residents of India. What’s more, it is much more muddled for individuals who are not citizens of India.

 

Trend exist to get married with NRI

 

Considering the expanding pattern of individuals getting hitched abroad or wedding with NRI or outsider, The Foreign Marriage Act of 1969 [1] is one such piece of enactment which is in power in the Indian Union. It is a demonstration that was set up to make arrangements identifying with the marriage of residents of India, outside the region of India.

 

So, to consider an example, if an Indian Citizen, “A” is marrying a Spanish citizen, “B” in Spain, with valid marriage certificates as issued by the Spanish Authorities, and if he desires to register the marriage, he may do so under the Foreign Marriage Act. Protection for Indian citizens were clearly understood beyond the Indian territories under a very important case Marian Eva and Another v State of Himachal Pradesh (AIR1993HP7)[2].

 

While the Special Marriage Act[3] targets making arrangements for relationships occurring inside the region of India, to legitimize relationships for those willing regardless of religion, when not administered by the Hindu Marriage Act (For Hindus, Sikhs, Jains, and Buddhists) , and consequently apply in between position and between religion relationships.

Hindu Marriage Act

The Requisite Conditions to Consider before the Marriage:

There are three basic requisite conditions for two individuals to go ahead with the marriage procedure. These conditions are determined under Section 4 of the Special Marriage Act, and are as follows –

  • Neither of the parties (i.e. the individuals who are seeking to marry one another) is to have a living spouse (i.e. the individuals should either be unmarried, divorced or widowed).
  • The consent of the parties is valid (i.e. the individuals have sound minds) and the parties are capable of entering into a marriage mentally (i.e. the individuals are not subject to attacks of insanity and are fit for the procreation of children).
  • The male is of twenty-one years of age or older and the female is of eighteen years of age or older.

    Although acts like the Hindu Marriage Act considered registration optional in the past, it is not anymore. In 2006, the Supreme Court of India made registration for all marriages to be compulsory, regardless of the religion and directed the Government to penalize non-compliance.

    The want of limestone for flux – A drawback and overcome perspective

     

    It is understood, some brides face a trouble after marrying with NRI’s. Some of the examples for your highlight like dowry demands, abandonment by husband, mental harassment etc. however, the drawback has been overcome by the Indian court’s perspective. In the case of Neerja Saraph vs Jayant V.Saraph, 1994 SCC (6) 461[4]

     

    Specific provisions were emphasized by court:

    1. No annulment by foreign court if there is a marriage between an NRI and Indian citizen solemnized in India;
    2. Provision may be made for adequate alimony to the wife in the property of the husband both in India and abroad.
    3. The decree granted by Indian courts may be made executable in foreign courts both on principle of comity and by entering into reciprocal agreements like Section 44-A of the Civil Procedure Code which makes a foreign decree executable as it would have been a decree passed by that court.

     

    The Bill has been introduced [5] in the parliament with the objective If an NRI man fails to register his marriage within 30 days of date of marriage, his passport can be impounded or revoked.

    This gives more protection to Indian women against exploitation by NRI spouse.

     

    While you may think love, similarity and a sensation of fellowship is all you should be with your perfect partner, the legitimate interaction and time included is additionally something you might need to consider while planning for an Internationality marriage.

     

    References:

    1. Foreign Marriage Act
    2. https://indiankanoon.org/doc/493209/
    3. Special Marriage Act
    4. Neerja Saraph vs Jayant V.Saraph, 1994 SCC (6) 461
    5. Bill INtroduced on NRI marriages in Parliament. Dipanjan Roy Chaudhury. (Feb 11, 2019)

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