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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