What Are The Post-Marriage Legal Considerations For NRIs?

A new malignancy has begun to emerge in India amid the venerated institution of marriage. The rising incidence of fraud in non-resident Indian weddings has had a profound impact on society. In order to address this new, developing issue in NRI marriages, the government formed an expert committee, which turned in its findings in November 2017.

The concerns surrounding NRI marriages have expanded along with the number of NRI marriages, becoming a national source of significant worry. It is crucial to understand the issue at hand in order to assess and analyze the legislation controlling NRI marriages and, consequently, the legislation resolving the issues.

NRI Marriages

“NRI marriages” refers to marriages between Indian women and Indian men who are non-resident Indians (NRIs) living abroad. The men may be Indian citizens when they are legally considered “NRIs” or foreign citizens when they are legally considered “PIOs,” or Persons of Indian Origin.

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Issues in NRI Marriages

Some of the issues pertaining to NRI marriages are as follows:

Married to an NRI, the woman gets abandoned before her spouse even takes her to the other nation where he resides.
The woman was severely beaten, assaulted, mistreated psychologically and physically, starved, imprisoned, and mistreated. She was either forced to flee or was returned back against her will.
A quick engagement, a sizable wedding, a sizable dowry, and a honeymoon are all followed by the NRI husband leaving India while the bride awaits her visa.
In order to trick her into getting marry, the husband had provide false information about any or all of the following: his employment, immigration status, income, property, legal status, and other relevant details.

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Post-Marriage Legal Considerations for NRIs

Registration of Marriage: An NRI must register a marriage within 30 days of getting marry to an Indian citizen or another NRI. The authority for the passport might confiscate the passport of the NRI if they fail to register their marriage within the specified time.
Rights of Inheritance: Regardless of their status of residency, most of the NRIs, along with their spouses as well as their children, have the absolute right to the right of inheritance in India.
Divorce & Death: The surviving spouse as well as the children of an NRI couple are mostly eligible to inherit the properties in India by the aid of will or succession in the situation of a divorce or the death of any one spouse.
Matrimonial Law of NRI: The formulation of a law relating to NRI matrimony that usually addresses issues concerning custody of a child, support, divorce, as well as desertion has been suggest and order by a committee.
Family Courts: To handle family law matters, states with sizable populations of NRIs ought to think about establishing Family Courts.

Required Documents for NRI Marriage

The important documents required for the registration of NRI marriages are as follows:

Application with husband-and-wife signatures
Proof of birthdate.
Evidence of residency
Both parties’ signed affidavits specifying their nationalities, marital status at the time of marriage, birthdate, and place and date of marriage
Passport-sized photos of the pair as well as one wedding photo
If available, a card for a marriage invitation. a certification issued by the officiating priest
A certificate of conversion from the priest performing the marriage ceremony, if any of the parties are converts.
Affirmation that the parties do not have a relationship with one another is forbidden
If applicable, an attested copy of the decree of divorce
If a partner is a widow or widower, the spouse’s death certificate

Role of NRI Marriage Lawyers

It can be very difficult to navigate the legal difficulties of NRI marriages. Getting any advice from knowledgeable as well as experienced lawyers for NRI marriage has a various number of benefits. Some of the most important roles played by the NRI marriage lawyers are as follows:

It offers competent guidance on documents as well as any other legal requirements.
It supports incorrectly as well as quickly completing most of the required paperwork.
It also supports as well as it represents the situation of any kind of legal issues or any kind of disagreements.
It ensures mostly adherence to various rules as well as laws governing marriages in the country of India.

Before you or your spouse leaves the country, you have to mostly register the marriage at the office of the registrar in India if you at all get marry to a PIO or NRI citizen. You have to keep a copy of the certificate of marriage that the office of the registrar issued along with you as well as your family in the country of India.

You need to preserve most of the documentation, including wedding photographs, the passport of the groom as well as a copy of the driver’s license, any type of proof of identification from a foreign nation, the bride as well as the groom’s visa address proof, etc.

Talking with an NRI marriage lawyer can provide you with the knowledge as well as direction you need to make sure that your NRI marriage is a happy as well as a successful occasion.