Legal advice on how to avoid getting into Fraud NRI Marriages in India

Legal advice, nrihelpinfo

The problem related to NRI marriages 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 suffered by women in such marriages is being isolated far away from home in an abroad country and facing tons of challenges like communication problems, language constraints, lack of precise information about the local criminal justice, police as well as legal advice system etc.

The problem includes issues like dowry and various other types of harassment of married women in foreign nations, concealment of an earlier existing wedding by the husband before marrying an Indian lady. Another very major issue which arises is the social and monetary security of Indian woman in an alien land. 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.

So, to deal with these issues of frauds related to NRI Marriages, one should keep few things in mind as a precaution to avoid these problems:

  1. Verify these facts about the Groom before going for the marriage.

Parents should verify several documents of groom before entertaining marriage. It is helpful to an extent to reduce the chances of fraud. These are several documents which one should verify with a legal advisor and if possible then keep a photocopy of that documents.

  • Passport, Visa
  • Voter, foreign registration card
  • Social Security No.
  • Tax returns of last 3
  • Bank Account No., statements
  • License No.
  • Property Documents
  • Marital Status
  • Employment details (qualification, post, salary, an address of the Office, employers and their credentials)
  • Immigration Status (the type of Visa, eligibility to take the spouse to the other country)
  • Criminal antecedents
  • Family background
  1. What precautions should parents take to reduce the chances of fraud NRI marriages and keep their daughters safe in a foreign country?
  • Before you going to register your marriage, it is best to take free legal advice from the best lawyer in your city. The legal advisor may help you to go for registered marriage along with the religious ceremony and keep adequate proof like video recordings, photography.
  • Avoid hastily and secret marriage. Invite people to a wedding so that more and more should know about it, later it also acts as proof.
  • Never allow for a place in the foreign nation to perform marriage as may be laws related to hindu indian marriages and desertion are not favourable. In many cases, legal decree of Indian courts is not binding in many nations.
  • Parents should make themselves primarily aware of the foreign country laws and the rights which one can enjoy mainly related to abuse or domestic violence.
  • Open a bank account exclusively in the bride’s name of foreign residence which can be used in case of emergency.
  • Ensure that photocopies or scanned copies of important documents like Visa, Passport, marriage certificate, are kept handy.
  1. Always be prepared with a safety plan in case of need
  • Keep the photocopy of the marriage certificate all the time with you.
  • Try to arrange for a bank account for the spouse in the foreign nation to enable her to withdraw cash in case of emergency.
  • Keep contact details, State authority, helpline, emails ids of Police, Indian Embassy in the foreign country, Indian welfare officers, social support groups and try to remember a few important no’s.
  • Should contact with the best lawyer to take the free legal advice to get primary knowledge of the laws of the foreign land and the rights which one enjoy there and also protections given to the victim of domestic violence or abuse.
  • Try to be equipped with the professional as well as vocational qualifications and skills to be economically independent.
  • Always keep in touch with the friends and relatives regularly and keep them updated about yourself.
  • In any condition don’t give your passport or visa to any unauthorised person.

Several ministries like law, external affairs, overseas Indian affairs, WCD — and the NCW have increased the problem at several forums over the years.

There’s a scheme of NCW for giving legal and financial assistance to Indian women deserted by their overseas Indian spouses. The main goal of this scheme is to provide legal, financial assistance to those women who are in need and have been deserted by their NRI/overseas Indian spouses.

The Indian community organizations/NGO concerned to enable it to take steps to help the woman in documentation and preparatory work for filing the case against the deserted spouse. The women’s organization/NGO will deal with the issues like making efforts to enlist community advocates, preferably women advocates, to extend further legal assistance/ appearance in court etc. on a pro-bono basis.

These articles are presented freely as general guides. While as a law firm we do our best to make sure these guidelines are helpful, we do not give any guarantee that they are accurate or appropriate to your situation or take any responsibility for any loss their use might cause you. Do not rely on information rendered here without seeking experienced legal advice first. If in doubt, please always consult the best lawyer.

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Legal advice on how to avoid getting into Fraud NRI Marriages in India

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