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Urgent necessity for a legislation to protect rights of women married to NRIs

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					URGENT NECESSITY FOR LEGISLATION RE-PROTECTION OF THE RIGHTS OF WOMEN MARRIED TO NON-RESIDENT INDIANS

THE PROBLEM – DESERTED BRIDES

 NRI Marriages - Nightmare  The ‘Desire’ – settlement abroad  Outcome: ~ Rights violated ~ Mental Trauma ~ Deserted Brides

REPERCUSSION
1. 2. 3. 4. 5. 6. Cultural shock Generation gap Dowry Harassment after marriage Concealment of earlier marriage(s) Lack of social security on foreign soil

CONVENTIONS
 Convention on the recognition of divorce and legal separation 1970  Convention on the laws applicable to maintenance obligation, 1973  Convention on celebration and recognition of validity of marriage,1968  Hague Convention on Private International Law( Convention on Marriage/Divorce)

NECESSITY FOR A LEGISLATION
 Enact special Indian enactments - progressive principles being evolved international on private international law - validity of the marriage - choice of law of marriage and divorce - the jurisdiction of courts, validity, recognition and enforceability of orders passed by foreign courts

CASE LAW
 Venkat Perumal v State of AP
II(1998) DMC 523

- Issues involving proceedings u/s 498-A
IPC, proper jurisdiction of the court and influence of foreign judgment.

LEGAL MEASURES
 The Passport Act, 1967 - special provision for cancellation of passport of offending NRI spouse, -include more detailed particulars of spouse in passports apart from attaching photograph


Compulsory Registration of Marriages –– the Supreme Court in Transfer Petition(C) No 291 of 2005 – Smt Seema Vs Aswini Kumar issued the directions that the central and State Governments shall take the steps to ensure registration of marriages

LEGAL MEASURES
 Widening the scope for more bilateral agreements under Sec.44-A of CPC  Provision of section 18 and 19 of the Hindu adoption and maintenance Act 1956 could also be looked into in order to make it applicable in case of deserted daughterin-laws.  Further in the event of initiation of any criminal proceedings against the accused NRI husband or his relatives the provisions of section 285(3) of the Criminal Procedure Code can be put into action.

GOVERNMENTAL INTERVENTION
 “Special Cells” be set up for NRI Marriages  Networking and tie-ups with agencies (including the Indian embassies, foreign Government bodies, police and support services) abroad to advice and aid to women who are stranded there or those who are facing legal actions by husbands there.  Set up help lines to provide psychosocial counselling to wives and families who have suffered in NRI marriages.

SOCIAL AND AWARENESS DRIVES
 Precautions  Rights of wives in NRI marriages, under Indian Laws  Rights of wives in NRI marriages, under Laws of the country where the husband is located


				
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