Scribd Logo
Upload

Welcome to Scribd!

  • 255 views

    Conflicts of Law in Matrimony

    Uploaded by

    Soumiki Ghosh
    The document discusses issues that arise in NRI (Non-Resident Indian) marriages and the need for legislation in India to address conflicts of laws regarding foreign decrees in matrimonial matters. Some common problems in NRI marriages include abandonment of women in foreign countries, domestic abuse, demands for dowry, and husbands obtaining foreign divorces through deception. Currently, India lacks coherent legislation to deal with these issues. The Foreign Marriage Act of 1969 provides some rules for solemnizing foreign marriages but has limitations and is not comprehensive. There is an urgent need for Parliament to enact specific legislation addressing conflicts regarding NRI marriages and foreign divorce decrees.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Conflicts of Law in Matrimony

    Uploaded by

    Soumiki Ghosh
    255 views2 pages
    The document discusses issues that arise in NRI (Non-Resident Indian) marriages and the need for legislation in India to address conflicts of laws regarding foreign decrees in matrimonial matters. Some common problems in NRI marriages include abandonment of women in foreign countries, domestic abuse, demands for dowry, and husbands obtaining foreign divorces through deception. Currently, India lacks coherent legislation to deal with these issues. The Foreign Marriage Act of 1969 provides some rules for solemnizing foreign marriages but has limitations and is not comprehensive. There is an urgent need for Parliament to enact specific legislation addressing conflicts regarding NRI marriages and foreign divorce decrees.

    Original Description:

    Original Title

    Conflicts of law in matrimony

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The document discusses issues that arise in NRI (Non-Resident Indian) marriages and the need for legislation in India to address conflicts of laws regarding foreign decrees in matrimonial matters. Some common problems in NRI marriages include abandonment of women in foreign countries, domestic abuse, demands for dowry, and husbands obtaining foreign divorces through deception. Currently, India lacks coherent legislation to deal with these issues. The Foreign Marriage Act of 1969 provides some rules for solemnizing foreign marriages but has limitations and is not comprehensive. There is an urgent need for Parliament to enact specific legislation addressing conflicts regarding NRI marriages and foreign divorce decrees.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    255 views2 pages

    Conflicts of Law in Matrimony

    Uploaded by

    Soumiki Ghosh
    The document discusses issues that arise in NRI (Non-Resident Indian) marriages and the need for legislation in India to address conflicts of laws regarding foreign decrees in matrimonial matters. Some common problems in NRI marriages include abandonment of women in foreign countries, domestic abuse, demands for dowry, and husbands obtaining foreign divorces through deception. Currently, India lacks coherent legislation to deal with these issues. The Foreign Marriage Act of 1969 provides some rules for solemnizing foreign marriages but has limitations and is not comprehensive. There is an urgent need for Parliament to enact specific legislation addressing conflicts regarding NRI marriages and foreign divorce decrees.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Conflicts of law in matrimony

    In India, conjugal right is inherent in the institution of marriage and it is not a creation of statute.
    But in cases where foreign element, i.e. Private International Law, is involved, then for the
    purpose of resolution of Conflict of laws there is no specific and cogent legislation in India with
    regards to NRI marriages.

    Problems of NRI Marriages

    There are some typical issues that arise in NRI marriages.

     Abandonment of women by her husband after being taken to the foreign country.
     Brutal assault, battering and abuse of women, both mentally and physically, by the
    husband and his family members.
     Capturing and holding of the women in the foreign nation for the sake of huge sum of
    money as dowry.
     Giving false information relating to the job, salary and property to the family members of
    the women before marriage, and later conning the women into marriage.
     Hiding of the status of pre-existing marriage by the husband.
     Husband who has obtained divorce from women through an ex-parte decree by making
    false representations without her knowledge in other legal systems.
     Women encountering jurisdictional obstacles in Indian Courts due to unavailability of
    cogent legislation in this regard.

    In order to deal with the foreign decrees of matrimonial matters, there is a need of well-
    developed Private International Law body that has the power of recognition, reorganization and
    solemnization of marriages along with checking the legitimacy of a foreign decree of divorce. In
    India, there are various legislation to implement rules of private international law.

    The Foreign Marriage Act of 1969

    The provisions of this act are additional provisions and do not have overriding effect over the
    existing laws which means that it is depended upon the discretion of the person who is marrying
    a foreigner or is marrying in a foreign nation, to decide whether they want their marriage to be
    solemnized under this Act or not.
    1
    This Act can be said to be an incomplete Act as it deals with solemnization of marriage, process
    of solemnization and the registration of marriage.

    By virtue of Section 19, 20 and 21 of the Act, it is evident that the punishments and penalties,
    prescribed under the Act applies only to the Indian party of such foreign marriages So, in such
    cases, the foreign party will easily evade the punishment and only the Indian party will be
    subjected to the penal provisions of this act.

    The use of word ‘may’ in Section 4 and 17 makes this Act an enabling legislation. This act does
    not contain provision that make the solemnization and registration of marriage, a compulsion. In
    order to make it a compulsion, the act should have contained the word ‘shall’ or ‘must’ in the
    place of ‘may’.

    Indian Courts have to face in the absence of a cogent legislation with regard to NRI marriages,
    there is an urgent need of the Parliament to take cognizance of the matter and enact a legislation
    pertaining to it.

    You might also like