One of the most important conditions for NRI marriage registration is that one of the couples must be an Indian. For a marriage to be considered an NRI marriage, the man or woman must be an Indian. Moreover, it is the basis of the Foreign Marriage Act in India. Even if both partners are NRI, their marriage can be considered an NRI marriage. In India, a religious marriage is considered a legal marriage. However, marriage registration is required by law in most states of India. In addition, for visa and immigration purposes, a formal marriage certificate from the registrar is required. There are different rules and regulations for different religions. For example, there is the Hindu Marriage Act, the Muslim Marriage Act and the Christian Marriage Act and, for Parsee, there is the Marriage and Divorce by Parsee Act. One of the parts belongs to religions other than Hindus, Jains, Buddhists and Sikhs, a declaration of conversion by the priest who celebrated the marriage. In addition, India`s Special Marriage Act of 1954, which applies to all citizens, regardless of religion, requires the registration of marriages by a marriage official. The registration of the Non-Resident Indians Bill 2019 is one of the key laws passed by the Indian Parliament. According to the bill, NRI marriage registration should be done within 30 days of marriage in India or abroad.
The NRI Act 2019 was introduced due to the increase in cases of Indian women abandoned by NRI husbands in February 2019. Let`s learn more about the main strengths of the NRI 2019 law. While this is the simple and simple way to marry your loved one, there are certain complexities in a court marriage. The few complications associated with marriage court proceedings are as follows: in the case of Hindus, Sikhs, Jains and Buddhists, they are subject to the Hindu Marriage Act 1955, which provides for the conditions for a marriage in which the groom must be 21 years old and the bride 18 years old. None of them should be in the degree of the forbidden relationship. i. Woman married to an abandoned NRI even before her husband takes her to the foreign country of her residence. Ii. The woman was brutally beaten, attacked, mentally and physically abused, malnourished, imprisoned and ill-treated, and forced to flee or forcibly returned.
iii. Quick engagement followed by a huge wedding, a huge dowry and a honeymoon after which the NRI husband flies from India while the woman waits for her visa. Iv. The threat of “honeymoon wives” is a big deal with, as more than 20,000 brides have not seen their husbands after their honeymoon. v. A woman who reached the foreign country from her husband`s residence and waited there at the international airport, only to find that her husband would not show up at all. Vi. The NRI husband was already married to another woman in the other country. vii. The husband had provided false information about any or all of the following: his employment, immigration status, income, assets, marital status and other essential details in order to involve him in the marriage. Viii.
A woman who has applied to the court in India or the other country for maintenance or divorce, but who has repeatedly encountered technical legal obstacles related to the jurisdiction of the courts, the service of notices or orders or the enforcement of orders, or who has learned that the husband is simultaneously initiating retaliatory proceedings in the other country. These problems have highlighted the need to take measures to protect these women and, above all, the awareness of their rights and the social security resources available to them. For the well-being of the victims, the following provisions must be laid down: i. Simplification of the procedure for the rapid issuance of visas by foreign representations in India to abandoned women so that they can challenge the procedure filed by the husband of the NRI/PIO in a foreign country. Kil Introduction of a cross-check/consent system when an NRI/PIO husband wishes to cancel the sponsorship of his spouse`s visa. Annulment should not be allowed as long as the dependence of women aggrieved under Indian law persists, so that they can continue to suspend and challenge the proceedings in the foreign country without being expelled and thus deprived of the opportunity to challenge the case. iii. The granting of a unilateral divorce by foreign courts is excluded in the case of marriages solemnized in India under Indian law. iv. Procedural delay or low priority in issuing loc/NCR against the husband accused of NRI/PIO in case of marital discord must be remedied. v.
Cases of internal disagreement to be included in the scope of extradition contracts. (On 219. The law commission report recommends that cases of national disagreement be included in its scope). Til Resulting difficulties and delays in the service of legal proceedings initiated by Indian courts through Indian missions abroad. vii. Simplify the procedure to facilitate the extradition/expulsion of a misguided husband and the cancellation of the passport for civil/criminal proceedings in India, especially if the judicial proceedings of the Indian courts do not receive a response. viii. Need to develop mechanisms for rapid monitoring of the NRI/IOP in the event of desertion.
It may also be necessary to allocate funds for the location of these individuals through organizations that are available for these purposes.