Saturday, 4 June 2022

Divorces in Non-Resident Indian Marriages

 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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