Introduction

From dream weddings to legal nightmares, are there enough Indian laws to protect women in NRI marriages? There has been a massive increase in desertion cases in NRI marriages over the last few years in India. In the last three years, there were 3000 cases where NRI husbands deserted their wives in India. With cross-border marriages, there come many legal complexities. 

Legal framework governing NRI marriages

The legal rights of women who have married an NRI man are protected under various Indian laws. Let’s take a look at these provisions.

Act/Law	Explanation
The Indian Succession Act, 1925The Hindu Succession Act, 1956Uncodified Muslim Personal Laws	Matters related to the succession in case of NRI marriages are governed by these 3 laws in India.
The Foreign Marriage Act, 1969	This Act applies to all NRIs who are getting married. The registration of marriage is very important.
The Special Marriage Act, 1954	This Act governs interfaith marriage with an NRI in India.
The Hindu Marriage Act, 1955	All the marriages between a Hindu and an NRI are governed under this Act. Matters related to child custody, divorce, maintenance, etc., are also governed under this Act.

Rights of NRI spouses in NRI marriages

General Rights	Rights for women
Right to equality and equal protection of the law. (Article 14 of the Indian Constitution)Right to Life. (Article 21 of the Indian Constitution)Right to have one’s own nationality/citizenship. Right to possess independent domicile. Right to own/possess property independently or jointly. Right to travel. Right to enforce proper foreign decrees.	Right against physical/sexual/ economic exploitation. Right to compensation against desertion.Right to keep the children below 5 years under the custody of the mother. Right to take back matrimonial presents and streedhan. Right against dowry. Right against cruelty, bodily harassment, torture, etc.Right against domestic violence.

Issues faced by women in NRI marriages

There are many issues which are faced by women in NRI marriages. Let’s learn about these issues.

• Women are deserted by their NRI husbands and their families before they are even taken to a foreign country. 
• Mental and physical torture towards women when they and their families are not able to meet the dowry requirements. 
• Indian women are also often deserted in foreign lands by their NRI husbands. 
• Indian women also face cruelty by their NRI husbands and family if they give birth to a female child. 
• NRI husbands often take advantage of the laws of the other country and file for divorce over there, and also obtain an ex parte order with fraud without the wife’s knowledge.
• The NRI husband marries a different woman from another country and deserts his wife in the foreign country. 

This is not an exhaustive list of issues which are faced by women in NRI marriages. There are various other issues which are faced by women, which vary from case to case. 

Key legal remedies and procedures 

Issue	Legal Remedy/Procedure
Domestic violence	If the wife is a victim of domestic violence, then she can get legal remedy under Section 85 in Bharatiya Nyaya Sanhita, 2023 (BNS) and the Protection of Women from Domestic Violence Act, 2005.
Dowry Harassment	If the woman is a victim of dowry harassment by the NRI husband and his family, then she can report the same under the Dowry Prohibition Act, 1961.In the case of  NRI Commission of Punjab vs. Union of India (2018), the Apex Court stated that there will be strict legal action against NRI husbands who are engaged in dowry harassment.
Divorce and Maintenance	If the wife is abandoned by the NRI husband, then she can file for divorce in Indian courts.
Bigamist Husband	If the NRI husband remarries in the other country without getting a divorce, then a complaint under Section 82 of the BNS can be filed.
Other means	The women can also contact the NRI Cell of the Ministry of External Affairs. They can help women with getting emergency aid, legal support, etc. The women can also visit the embassy or reach out to non-governmental organisations or women’s support groups.

New legislative and policy developments concerning NRI marriages

Due to an increase in fraud in the name of marriage by NRIs, strict actions have been taken by the government. The Law Commission of India has proposed some new laws for NRI marriages in India. It was also advised to make strong laws concerning private law and international public law. 

One of the other recommendations made under the report by the law commission was to give the district courts in India the authority to hear cases on NRI marriages. The government should also try to spread awareness on this matter. The government should engage with the public and make them aware of such NRI marriage frauds. 

One of the key legislative and policy developments seen to protect the rights of women in NRI marriages was the introduction of the Registration of Marriage of Non-Resident Indian Bill in 2019. 

Let’s see what all this Bill is about!

The Registration of Marriage of Non-Resident Indian Bill, 2019

• This Bill states a mandatory registration of marriages for all NRIs within 30 days of them getting married to an Indian citizen or other NRI. 
• If the NRI fails to register the marriage under the prescribed period of time, then their passport might get revoked or impounded.
• Under this Bill, the delay in registration even with the presence of a valid reason is not allowed like other laws in India.
• This Bill also states that they can issue a warrant/summons to locate the NRI and ask him to be present in front of the court, as he has either duped or deserted their spouse. 

Integrated Nodal Agency

One of the recommendations of the expert committees also suggested the formulation of an Integrated Nodal Agency (INA) by the Ministry of Women and Child Development and Ministry of External Affairs. This agency creates a balance and acts as a bridge between the ministries. This helps both the ministry in discussing issues related to the NRI marriages more effectively. 

Role of legal practitioners in protecting the rights of women in NRI marriages

Legal professionals play a very crucial role when it comes to protecting the rights of women in NRI marriages. The legal professionals are advised to be more attentive and proactive. 

• The legal practitioners help in ensuring that all the documents are proper and the registration of marriage has also taken place.
• Legal professionals can also advise their clients to enter into affidavits or prenuptial agreements. 
• The legal advisors can also help the women in case of abuse or desertion by acting promptly and filing all the necessary complaints. 
• The legal professionals also play a key role in making women aware of and understand their rights when it comes to cross-border legal frameworks. 
• The role of legal advisors can also be seen when it comes to child custody, divorce and maintenance cases. 

Conclusion

In conclusion, we can say that there is a dire need to have a specific set of laws to protect the rights of women in NRI marriages, seeing how there is an increase in fraud cases day by day. Many efforts are being made by the government of India to curb the issues related to NRI marriages. With the help of legal professionals and timely guidance, women can protect their legal rights. 

Frequently asked questions

What all things can I check before I get married to an NRI?

Before you get married to an NRI, you can view and verify the following details:

• Verify the marital status and his employment details.
• Verify the validity of the passport, visa, and proof of address.
• Financial status.
• Family background of the groom.

If you find anything suspicious or are not able to get any information, you can take the help of a legal professional, the embassy or other government officials. 

Should I register my marriage to an NRI?

Yes, it is very important to register a marriage if we want to have legal rights in the future. Registering a marriage acts as proof of the marriage taking place.