Getting married to an NRI was not very prevalent in the past. However, since this has become a
popular trend, many men and women wish to marry an Indian who is from a foreign country and
who has a desire for a high standard of living. Even the parents desire their daughter to move
outside of the country in order to provide a better quality of life and a higher social position for their
family.
Some of the marriages, on the other hand, result in divorce. Everyone in India should be aware of
the regulations and provisions offered by Indian law for NRI Marriages and Divorces if they intend to
seek a divorce in a foreign country. According to the Hindu Marriage Act, 1955, if both the husband
and wife agree to end their marriage or seek divorce, Indian law grants them the right to apply for
divorce in any nation in which they are now resident. However, the Indian legal system will only
recognise this divorce if it is done so with the consent of both parties. There are some scenarios in
which one of the spouses has filed for divorce ex parte, which is without the other's consent. Here
are several sections and case laws that will help you understand this topic more fully.
A lawsuit involving two Hindu couples, Y. Narasimha Rao and his wife Venkata Lakshmi, and their
children, was heard at Tirupati, where both parties were married according to Hindu traditions. The
appellant filed a petition for dissolution of marriage in the Circuit Court of St. Louis County, Missouri,
United States of America, claiming that the marriage had irreversibly broken down due to infidelity.
The respondent sent her response in response to the petition, expressing her displeasure with it. The
Circuit Court entered an order of dissolution of marriage without the presence of the respondent in
the case. The appellant had a second marriage with another woman. A criminal complaint against
the appellant for bigamy was filed by the responding party. After ruling that irretrievable breakdown
of marriage is not grounds for divorce, and because both the appellant and respondent were
married in accordance with Hindu tradition, the Supreme Court of India concluded that a divorce in a
foreign country is only lawful when it is done with mutual consent. This resulted in an overturning of
the decision of the Circuit Court of St. Louis County, Missouri (USA) by the Supreme Court of India.
Clause 44A of the Civil Procedure Code, which applies to nations with whom India has reciprocal
enforcement agreements, is another section that deals with divorce issues (Reciprocating
Territories). As a result of Section 44A, judgements rendered outside of Indian territory can be
enforced as if they had been rendered within the country. In order to get this, you must file a duly
certified copy of the abovementioned judgement in the appropriate court, after which it will be
executed in accordance with Indian rules governing the enforcement and execution of judgments
and decrees. When such a marriage ends in divorce, it becomes increasingly difficult for the wife and
her children to subsist on their own, particularly if the wife is a stay-at-home mother. The Indian
legal system has provisions for the support of the wife and children. Section 18 of the Hindu Support
and Adoption Act, 1956, specifies the situations under which the wife may be eligible to receive
maintenance payments from the husband.
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