Divorce Guide

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NRI Divorce Cases

NRI divorce cases states all the issues related to NRI divorce. In many cases, girls marry Indian Americans and later divorce them, just to get a green card. A number of NRI marriages last only for two years, as it is the time needed to get a green card. Many times, people even have kids to make it look like a real marriage. It thus creates the population of ‘abandoned’ children. The issues related to NRI divorces are discussed below.

Women who seek to use criminal law to punish their husbands and in laws for dowry demands and matrimonial cruelty sometimes find that their trial could not proceed as the husband doesn’t come to India, respond to summons or even warrant of arrest. In most cases, a woman married to an NRI is abandoned even before being taken by her husband to the foreign country of his residence. Many a times the husband, after a short honeymoon would go back, promising her to send the ticket that would never come.

In many NRI divorce cases the woman is pregnant, when the husband leaves and so both she and her child (who would be born later) are abandoned. The husband never calls, writes or come back again. The in laws who are in India either plead their helplessness or straight away refuse to help.

Measures taken by the Indian government

The Indian government has created the Domestic Violence Act mainly to protect women from injustice against them, where there is a prompt action taken and justice is ensured within 3 months. Various officers are provided by numerous NGOs and other agencies. Public service messages are being issued by the ministry of Overseas Indian Affairs on television on the importance of registration of marriages, and a copy of the marriage certificate as a proof.

There is also a book titled Marriages to overseas Indians, being published which is a very important guide for brides and their parents.

Common reasons leading to divorce

  • The NRI spouse is already married to another woman, and sometimes having children living with him abroad. In many cases, the groom doesn’t take the bride abroad with him leaving her behind with her parents. When the reality is disclosed the bride’s family seeks divorce for their daughter.
  • The NRI spouse claims about his possession in the foreign country such as, home, vehicle, high paying job, but actually is not in a position to support a family after marriage.
  • The Indian spouse cannot keep pace with the NRI spouse as his lifestyle is advanced to a large extent.

A person who marries an NRI must be aware of the basic laws related to NRI divorce, irrespective of the reasons for divorce.

  • Both the spouses can seek divorce with mutual consent under section 13-b, provided both the spouses are Indians and have been married under the Hindu Marriage Act of 1955.
  • Both the spouses can seek divorce by mutual consent under the country’s divorce laws related to foreign marriages, provided both the spouses are residing in USA, or any other foreign country. The divorce would be recognized by the Indian legal system only if it is with the consent of both the spouses.

In NRI divorce cases, certain laws are being amended and help is being offered to victims of NRI crimes. However, only amending certain laws are not enough but putting them into practice would be more useful.

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