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NRI DIVORCE LEGAL CONSULTANCY

Non-Resident of India (NRI) or PIO marriages may be between an indian women and man residing in another country either as Indian citizen or as a Foriegner vice versa.

Legal problems for NRI Men due to false complaints.

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A few general problems reported relating to NRI marriages:-

women who went to her husband’s home in the other country only to be brutally battered, assaulted, abused both mentally and physically, malnourished, confined and ill-treated by him in several other ways. She was therefore either forced to flee or was forcibly sent back. It could also be that she was not allowed to bring back her children along. In many cases, the children were abducted or forcibly taken away from the women.

women 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.

women who sought to use criminal law to punish her husband and in-laws for dowry demands and/ or, or matrimonial cruelty and found that the trial could not proceed as the husband would not come to India and submit to the trial or respond in any way to summons, or even warrant of arrest.

women who had to fight nasty legal battles for custody of her children and for child support, and to bring them back with her after she was divorced or forced to leave, sometimes even facing charges of illegally abducting her own children.

women who was 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. women who learnt on reaching the country of her NRI husband’s residence that he was already married in the other country to another women, whom he continued to live with. He may have married her due to pressure from his parents and to please them or sometimes even to use her like a domestic help. women who later learnt that her NRI 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.

women married to NRI who was abandoned even before being taken by her husband to the foreign country of his residence – after a short honeymoon he had gone back, promising to soon send her ticket that never came. In many instances the women would already have been pregnant when he left and so both she and the child (who was born later) were abandoned. The husband never called or wrote and never came back again. The in-laws who could still be in India would either plead helplessness or flatly refuse to help.

women whose 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, after she was sent back or forced to go back to India or even while she was still there. women who was denied maintenance in India on the pretext that the marriage had already been dissolved by the court in another country. women 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 to make her legal action in fructuous.

NRI DIVORCE / MARRIAGE
VARIOUS ENACTMENTS

The Indian Divorce Act, 1869
The Special Marriage Act, 1954
The Hindu Marriage Act, 1955
The Hindu Minority and Guardianship Act, 1956
The Hindu Adoptions and Maintenance Act, 1956
The Dowry Prohibition Act, 1961
The Foreign Marriage Act, 1969
The Family Courts Act, 1984
The Muslim Women (Protection Of Rights On Divorce) Act, 1986


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