Marriage/ Divorce related Legal problems

Legal assistance is often required in marriage / divorce cases where one of the spouses is an NRI.  Problems in marriage can arise, because two individuals having different personalities meet and then clashes take place. Amidst the day-to-day tensions, sometimes the person is not able live up to the expectations of his/her partner, therfore, financial, sexual or in- laws problems are commonly witnessed.

Sometimes other problems arise after the marriage, including harassment for dowry and non-consummation of marriages, marriages of convenience, concealment of pre-existing marriage by the husband and lack of social security faced by an Indian woman on foreign soil once the marriage is broken for no fault of hers.

 The problems are compounded by the fact that the woman's recourse to justice abroad is greatly constrained because the marriage is no longer governed by only Indian laws, but by other, far more complex laws of the other country.

In cases where the groom is an NRI and the bride shifts abroad, individuals and families are advised to check the overseas Indian groom’s voter registration card, social security number, employment record, tax returns and other relevant information pertaining to the three preceding years as this information would enable them to find out the financial and marital status of the proposed grooms.  It has also been suggested that the bridegroom may be asked by the Marriage Registration Officer and visa authorities to attach an affidavit stating his current marital status. This information should be attached with the request for registration of marriage certificate.

Sometimes after a marriage stood dissolved in one country, it survived in another country and marital rights could be enforced according to local laws there.

Such problems arose because of non-availability of a mechanism to serve summons outside india and record evidence abroad. There Is a need to take recourse to private international law to deal with disputes in which one of the parties resided outside the country.