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FAILED AND FRAUDENT NRI MARRIAGES Print E-mail

FAILED AND FRAUDENT NRI MARRIAGES

New Delhi, 27 September 2006

NEW DELHI, September 28 (INFA): The marriages of overseas Indians are now getting increasing attention of the Government in view of growing number of cases of failed and fraudulent marriages.  Over one hundred such cases have been received in recent months from the States. Most of such failed marriages have been reported from Gujarat, Haryana, Delhi, Maharashtra and Andhra Pradesh, West Bengal has joined the list lately. 

The problem was examined by a high-level committee on the Indian Diaspora (HLCID). The problems of women married to and deserted by overseas Indian husbands reveal many causes like dowry and lack of modernization amongst rural brides to respond to the Western way of life.

Since this is a State subject, the observations of the HLCID were referred to the State Governments for remedial action.  Some States have responded. It has been reiterated that a separate Cell should be created by State Governments to ensure free legal and other counselling for the prospective bride as well as her parents before the marriage.

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.

Indian diplomatic Missions abroad, whenever they receive a complaint of torture or desertion of Indian wives by their NRI-husbands, render all possible assistance with a view to bringing about an amicable settlement. The National Commission for Women (NCW), New Delhi has also prepared a report on the problems of NRI marriages and a proposed Draft Convention. 

The report commissioned by them made the following recommendations: registration of marriage be made compulsory; bilateral agreement for protection of such marriages be concluded between Indian and such other countries where the Indian Diaspora is in large numbers; and if the NRI husband has not become a citizen of the country, in which he resides, concerned Indian laws to apply irrespective of the place of the filing of the petition for dissolution of the marriage. 

Also, it has been recommended that suppression of information regarding marital status by NRI grooms to be dealt with under criminal law and steps taken through extradition treaties wherever operational.

Other measures suggested in the new report include: seeking the help of authorities at the work places of the husband; attaching property, if any, in India; initiating legal action against the fraudulent spouse for compensation in India and; if Overseas Citizenship has been given to the husband the same should be withdrawn. ---INFA

 

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