NRI CASES IN INDIA

The NRI (non-resident Indian) is a person who holds an Indian passport and has immigrated to other countries for the purpose of study, employment, or business. NRIs are residing in many countries and doing their respective works. They are marrying in India in the hope to live happy marital life but in some cases, they are facing a lot of troubles in the event their marital relationship is not running smoothly and the couple fell into the litigations in the court. It is to be noted that all Indian laws are applicable to the NRIs irrespective of the facts whether they residing in India or abroad at the relevant time. So far as the matrimonial disputes are a concerned, all the laws related to marriage and disputes are applicable to the NRIs couple whose marriage was solemnized in India or the part of the cause of action arises in India. Following laws are mainly applicable in respect of the NRIs Marriages and divorce.

• The Hindu Marriage Act 1955

• The Special Marriage Act 1954

• The Foreign Marriage Act 1969

• The J.K Hindu Marriage Act 1980

• Goa, Daman, and Diu Laws

• Quranic Laws of Muslims

• Parsi Marriage and Divorce Act 1936

• The Indian Christian Marriage Act1872

• The Indian Divorce Act 1869

• Hindu Adoption and Maintenance Act 1956

• The dissolution of the Muslim Marriage act 1939

• The Divorce Act 1869

When the disputes commence between the NRIs couple, generally it has been seen that wife left the company of the husband and came to India and started living in her parental house. The Husband usually files a divorce case in a foreign Court where they were residing together earlier and got a decree of divorce. The wife also used to file cases in India for the redressal of her grievances. The following cases are generally aggrieved wives are filing in India.

• Case under Section 498A IPC

• Domestic Violence Act 2005

• Divorce case

• Restitution of Conjugal Rights

• Maintenance Case under section 125 Cr. P.C

• Child custody Case

• Injunction suit under Civil Procedure Code

The situation became more complicated when during the pendency of the cases initiated by the wives in India, the overseas court grants a decree of divorce in favour of the husband than a legal question arose as to whether the decree granted by the overseas court is enforceable in India and the husband can take the plea that since marriage has been dissolved, the Indian court has no jurisdiction to proceed further in the case qua this marriage?

The Indian laws are more stringent than the western countries in respect of divorce cases. The husband who is residing in western countries has the advantage of the less stringent law where he is residing and can take easily a decree of divorce by avoiding Indian laws. A fundamental question would arise whether a decree of divorce obtained from the foreign countries is valid in India when the marriage was performed in Indian and as per the provisions of the Hindu marriage act.

In the case of “ Vikas Aggarwal Vs. Anubha Civil Appeal no.2660/2002 Supreme Court dated 12.04.2002 ”  the plaintiff/wife was seeking a decree of declaration that she was entitled to live separately from her NRI husband/defendant. In addition, she also sought for a decree for maintenance in her favour besides the pendent lite expenses in view of the fact that she had been deserted and abandoned by him very soon after the solemnization of marriage and that too after being subjected to cruelty and harassment. During the pendency of the suit when the wife came to know about the divorce petition having been filed by the husband in the USA, she immediately approached the court to restrain the proceeding of the divorce case in the USA. The Court passed an injunction order restraining the defendant/ husband from proceeding further in the divorce case in the State of Connecticut, the USA for a period of thirty days. However, in spite of the injunction order passed by the Indian court, the husband proceeded with the divorce case "No-Fault Divorce Petition"  in the US. When this fact was brought to the notice of the Court in India, the Indian Court passed an order asking the defendant/husband for recording his statement under Order X of the CPC and directed him to appear in person in the court with the direction that if he failed to appear, his defense would be struck off and contempt proceedings to be initiated. Even though the husband had obtained the decree of divorce so the question which arose for a determination as to whether a  decree of divorce obtained from the Court at Connecticut in the USA during the pendency of the proceedings of the case in India was valid as per law in India. The Court held that the ground on which the marriage of the defendant and plaintiff was dissolved is not available in the Hindu Marriage Act as the parties were Hindus, their marriage was solemnized according to the Hindu rites as such their matrimonial disputes are absolutely governed by the provisions of the Hindu Marriage Act. It is further held that the husband failed to inform the foreign court about the proceeding pending in India and also the decree of divorce granted by the foreign court is not as pre-law which is applicable to the parties, the decree of divorce obtained by the husband not valid in India and it is not enforceable in India.