For better prospects, people in India aspire to settle outside the country which in turn prompts several people to get married to NRIs. Resultantly, Indian citizens getting married to NRIs have been trending of late. If 300 women are getting married every year to NRIs out of that, 16% women receive ill-treatment from their husbands or are unhappy with their husbands’ disloyalty, leading to the end of the marriages. It is essential for Indian citizens getting married to NRIs to be aware of laws relating to NRI marriage and NRI divorce.
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With more people getting married abroad to an NRI or a foreigner, Foreign Marriage Act 1969 was introduced to deal with any situation arising out of the marriages of Indian citizens who happened to be based outside India. To solemnize a marriage under this act one of the parties has to be an Indian citizen.
As the act reflects wide scope and explanation in terms of Indian citizens getting married to an NRI or a foreigner, it does not specifically state any provision for divorce of such marriages (that are solemnized under this act), nullity or any other matrimonial remedy or relief. While section 18 of the Act says that if any foreign marriage is not solemnized as per the provisions of this act the parties cannot claim relief under this act.
Reasons For NRI Marriages To End Up In Divorce:
An NRI deserting his wife after marriage and treating her badly
NRI already has a spouse and children living in the country of residence
After marriage NRI groom does not take the wife with him and leaves her in India
An NRI groom runs away with the dowry he gets in marriage leaving his wife aside
NRI misrepresents his status in a foreign country in terms of property, vehicle, home and job
The difference in lifestyles, which leads to incompatibility
If both the parties to the marriage are Hindus, then they can seek divorce under section 13B by mutual consent in India. If both the parties in a marriage are living in any foreign country, then they can seek divorce as per the laws of that country. The wife can seek divorce under section 125 of CrPC if she files the case in India and can also ask for maintenance for her minor child. As per section 24 of the Hindu Marriage Act, interim maintenance and pendent lite expenditure can be sought and under section 25 she can ask for permanent alimony.
As per section 9 of CPC, if any part relating to marriages has taken place in India or marriage is performed in India or any of the spouses have lived in India, Indian courts have jurisdiction over such NRI matrimonial disputes. And hence divorce can be filed in India instead of filing in the country of residence of the NRI (and his spouse).
If any of the parties to the marriage is an NRI, then a few changes in arrangements must be made in Hindu Marriage Act 1955 and Special Marriage Act 1954, to accommodate arrangements for divorce and children’s guardianship and child support as an additional settlement. This will assure that the spouse and children in India are looked after financially after the divorce.
There is a concept called customary divorce, which defines separation and divorce of spouses without the involvement of the court. As the divorce is named as customary it can only be done if the customs of such community allow for such divorce. As Hindu customs do not allow for customary divorce, such divorces were in practice in various communities in India. But as the NRI marriages are solemnized under Hindu Marriage Act or Special Marriage Act or Foreign Marriage Act customary divorces cannot be practiced in such cases.
There are no laws specified for NRI divorce, which protects the interests of Indians and that is why the government of India has introduced various non-governmental organizations in India as well as abroad to assist Indians married to NRIs, going through divorce proceedings. It is always beneficial to appoint an attorney when you are getting divorced in a foreign country for a fair deal as per Indian laws and also to seek legal advice, counselling and moral support out of these organizations.
An NRI and his spouse can file their divorce in India or in the country where they reside. In India, only a divorce filed mutually stands valid. Where to file a mutual divorce is a very important factor in an NRI divorce as well. A mutually filed divorce in India will always be beneficial for both parties as it will be recognized by all the foreign laws similar to the marriages registered in India recognized by all the foreign laws. But if the divorce is filed in any foreign country, it will be valid in that country but it will not be recognized in India. Due to this, the couple will be divorced in the country they registered their divorce in, but will still be considered married in India.
