DO WE NEED TO ENACT A NEW LAW ON NRI MARRIAGES?

A.K.Gajendhra B.com., M.sc. (Psy), L.L.B, Admin, BOD, Lexcontego. Website: www.lexcontego.com Email: gajendhra@lexcontego.com In India Marriage Laws are quite wide and deep. The Family Law is basically religious based, it roots so deep and strong as to the quote Unity In Diversity. In recent years we see family courts are flooded, divorce for anything and everything. The divorce petitions filed are infinite in number. What would be the reason? Lets explore. Some important Acts are given below, have a look at these, The Hindu Marriage Act,1955 The Family Courts Act, 1984 The Foreign Marriage Act, 1969 The Special Marriage Act, 1954 The Indian Christian Marriage Act, 1972 The Parsi Marriage and Divorce Act, 1936 The Indian Divorce Act, 1869 Protection Of Women From Domestic Violence Act, 2005 The Dowry Prohibition Act, 1961 The Dissolution Of Muslim Marriage Act, 1939 The Child Marriage Restraint Act, 1929 The Anand Marriage Act, 1909 The Arya Marriage Validation Act, 1937 The Kazis Act, 1880 The Muslim Women (Protection Of Rights On Divorce) Act, 1986

The above laws are just a glimpse of all primary Acts. In addition with these, there are sets of rules, regulations, notifications providing assistance to the timely changes. Nowadays, we come across various issues relating to the rising incidence of fraudulent marriages of Indian girls with non-residential Indian (NRI). The cases regarding malicious marriages, harassments, denial of maintenance, marriages with sadistic behavioural personality,bigamy, problems

DO WE NEED TO ENACT A NEW LAW ON NRI MARRIAGES?

relating to infidelity, and so on. The Women is totally victimized in these marriages, because they are left alone, helpless, tortured, as a orpan in an alien planet.This seems to be a curse to Indian girls, who are filled in with expectations, which are ruined overnight. This issue knocked the doors of The Standing Committee of the Parliament. This committee has recommended the Govt of India to enact a comprehensive legislation or amend existing laws for the protection of women from malicious NRI marriages. The report on Problems relating to Overseas Indian Marriages: Scheme for providing Legal/Financial Assistances/Rehabitation to Indian Women deserted by their Overseas Indian Spouses. The Standing Committee on External Affairs revealed that, a special NRI matrimonial law that deals comprehensively with marriage, divorce, maintenance, child custody and related issues would provide the distressed and abandoned brides with a effective remedial. This issue was tabled in parliament. The report conveyed that, amending current laws and introducing new rules and regulations would be a greater help for the victims to reclaim their Fundamental Rights to Property, Equality in Marriage, Protection of Family, Freedom from Inhuman or Degrading Treatment and above all, Dignity. It has said that more reciprocal bilateral treaties, especially with countries with a large no of Indians who continue to be not covered for automatic enforcement of foreign decrees, may be worked out. The states which are facing the problem regarding NRI marriages, had introduced compulsory Registration of Marriages.A bill stating The Compulsory Registration of Births, Deaths and Marriagesm were framed in such a way not affecting the States Act, The Registration Of Births and Deaths (Ammendment) Bill 2012.

DO WE NEED TO ENACT A NEW LAW ON NRI MARRIAGES?

To streamline this issue, the committee had come out with an idea of designing the NRI Marriage Certificates in such a way that, the security number of the foreign home of the NRI husband alongwith passport number and the relevant details in brief. The secondary suggestion was the authorities before issuing the marriage certificates to the parties, it should paste the photocopy of the passport of the NRI husband in the marriage register. In addition to that, the marriage certificate should be pasted on the wifes passport, as a documentary evidence and a valid proof. It concluded that the registration of NRI marriages should be in the presence of both bride and the bride groom. This issue involves jurisdiction, international protocol, state govts, central govt organizations, govt authorities, govt bodies, but no one had still paid much attention to this burning problem. Hence our view is Prevention Is Better Than Cure.

Nowadays there are numerous detective agencies, advocacy firm to guide people, the public should be aware in selecting the right choice. People should not believe in fictitious performances, flashy profiles, morphed photography, fictional behaviour, webcam dealing, they should not get into the web by themselves.