NRI Divorce

These days it is trend to tie knots with NRI (Non-Resident Indians) brides and grooms in India and then settle in a foreign country for a better quality of life.Statistics show that 225 women from metros get married to NRIs every year, and out of this almost 25 are either deserted by husbands or want to end their marriage due to reasons of deception or hiding facts. Women seek husbands in a foreign country for a better quality of living even parents look for Indians who are settled abroad and churn out substantial amount of money to make the marriage possible.

But many of such marriages end up in divorce, this happens mainly because NRI spouse already has another spouse or they inflate their possessions while they may have the capacity to support a family or the lifestyle NRI spouse is to advance for the other oroften women in particular, are brutally battered, assaulted, abused both mentally and physically, malnourished, confined and ill-treated by their husband, such situations lead to divorce and it is very important for a person to be aware of the laws to avoid distress. A person who has married an NRI, seeking divorce should be aware of the basic laws related to NRI divorce.If both the spouses are Indians and have been married under Hindu marriage Act, 1955 then they can seek divorce with mutual consent under section 13-B that provides for divorce by mutual consent. If both the spouses are residing in USA, or any other foreign country, then they can seek divorce by mutual consent under the country's divorce laws related to foreign marriages. The Indian legal system will recognize the divorce only if it is with the consent of both the parties.

Laws governing divorce are different in each country. Many states in the US for instance, have very relaxed divorce laws. One can easily get a divorce in less than a week, for just a pittance of $500.There are not many laws which cater to protect the interest of Indians married to NRI's however due to the rise in the number of troubled marriages the government is initiating non-governmental organizations in India and abroad such as Manavi in New Jersey, ApnaGhar in Chicago and Raksha in Atlanta guide Indian men and women in the event of a divorce or separation. They offer counseling, legal advice, and moral support in the event of divorce and separation. Even if the divorce is taking place abroad, it would be good to appoint an attorney who is proficient in dealing with Indian divorce laws related to NRIs. The Indian government plans to enter into agreements with foreign rulers whereby, a divorce handed out to an Indian woman by a non-resident husband overseas, would have to be validated by Indian courts. There is also a suggestion under which a potential groom would have to submit his social security number to the concerned authorities. This would aid in tracing him in case of desertion, abandonment or ex-parte divorce.

-Sunayana Bhatnagar
(1st year BA.LLB.
Army Institute Of Law)