Issues and Recent Laws Related To NRI Marriages
Non-Resident Indians (NRIs) can avail themselves of legal proceedings in India by engaging the Best Divorce lawyer in India to represent them in court, and by appearing in court through video conferencing or by appointing a local representative with a power of attorney. They can also file and respond to legal complaints and petitions electronically through the e-Courts Portal. It is advisable for an NRI to seek legal advice from a qualified attorney in India who is familiar with the specific laws and regulations that may apply to their case.
There are several issues and recent laws related to NRI marriages. Some of these include:
Maintenance and alimony: The issue of maintenance and alimony has become more complex in NRI marriages, as the non-resident spouse may not always be able to provide financial support to the resident spouse.
Child custody: The issue of child custody can also be complicated in NRI marriages, as the non-resident spouse may be unable to take care of the child due to distance or other reasons.
Void marriages: The Special Marriage Act, 1954, has been amended to make it mandatory for NRIs to give a notice of intended marriage to the marriage officer of the district in which at least one of the parties to the marriage has resided for a period of not less than 30 days immediately preceding the notice.
Passport retention: The Indian government has the power to impound or revoke the passport of an NRI husband if he fails to comply with a maintenance or child custody order.
The Protection of Women from Domestic Violence Act, 2005, has been amended to include provisions for the protection of married women from domestic violence, including NRI wives.
It is important for NRI couples to seek legal advice and be aware of the laws and regulations related to marriage and divorce in both the country of residence and India.