NRI marriages generally imply a marriage between an Indian woman and an Indian man who is residing in another nation, NRI, either an Indian citizen (when he would legally be an ‘NRI’) or as a citizen of that country (when he would legally be a PIO- a person of Indian origin).
The problem is especially related to Indian women who got married to an NRI boy, and later she gets trapped in a deceptive marriage with overseas Indians. The aggravated risk faced by women in such matrimonies is being isolated far away from home in a foreign land and facing tons of difficulties such as communication problems, language constraints, lack of proper knowledge about the local criminal justice, police and legal system etc. The problem includes issues like dowry and various other kinds of harassment of married women in foreign lands, concealment of earlier existing marriage by the husband before marrying an Indian woman.
Another very critical issue which arises is the social and monetary security of Indian woman in a foreign country. The situation gets worsened when she loses contact with her family and friends and end up helpless and stranded in a foreign land with nowhere to go.
The problem which may arise out of NRI Marriages:
- Many a time female married to NRI may be abandoned even before taking her to the foreign country.
- If she went there, she is cruelly harassed physically and mentally. Many a time NRI grooms malnourished ill-treat and confined them. All these torches are associated with the demand for more and more dowry. They even demand expenses of traveling and her stay in the place of residence in abroad from her parents.
- Many Examples are present where she may be abandoned in the foreign country without any assistance or means of bare sustenance.
- One of the major concerns is the bigamy. After marriage, she comes to know about the bigamy by her spouse, with whom he continued to live in another country. He may have married her due to influence from his parents and to please them or seldom even to use her as a domestic aid or to extract dowry from her parents.
- After marriage it comes out that NRI husband has given false information about his job, immigration status, earning, marital status and other material particulars, in order to cheat her to perform the marriage.
As per an NCW report, the maximum number of complaints relating to NRI marriages were registered from India followed by the US and Australia.
The Supreme Court had shown concerns concerning this through its judgment, in cases like Neeraja Sharaph vs Jayant V. Saraph and had highlighted the need to consider legislative safeguarding of the interests of women and also recommended the following specific provisions:
- Matrimony between an NRI and an Indian woman which has taken place in India may not be annulled by any foreign court.
- In the case of divorce, enough alimony should be paid to the wife out of the property of the spouse.
- The decree of Indian court should be made executable in foreign courts both on the principle of comity by entering into reciprocal agreements and notify them under section 44A of the Civil Procedure Code which talks about binding nature of foreign decree, i.e., it is executable as it would have been a decree declared by that court.