Friday, July 2, 2010

Dirty & Valagar INDIAN NRI MEN in WORLD ?


I am an NRI. My marriage took place in the USA. Can I file for divorce in India? A: This is a complicated legal question as each case has peculiar facts ...
British officials have been dealing with several cases of young Indian-origin women being forced into marriages against their will, but recent cases show a sharp increase of men facing such ordeals.
Britain has set up a Forced Marriage Unit (FMU) that deals with cases of British citizens being forcibly taken to the Indian sub-continent and married against their will for cultural, immigration or family reasons.
The unit has rescued several young women, but it is estimated that most cases go unreported. Latest figures show that during the last year, the unit registered a 65 per cent rise in the number of calls from men.
The unit received the most calls from men linked to Pakistan, followed by India and Bangladesh. It also received calls from British men with links to the Middle East, Africa and eastern Europe.
A spokesman said: "The calls we receive are the tip of the iceberg. It now seems likely that men account for one in five of all the forced marriages that take place to British citizens."
In June, the FMU took a call from a young man in Leicester whose family had allegedly locked him in his bedroom after discovering that he was gay.
He told the FMU that his family were downstairs, discussing whether to take him to India and either kill him, abandon him there or marry him off.
Last year, the FMU gave advice and support to 1,682 men and women regarding suspected forced marriage.
More than 220 calls and emails involved male victims, up from 134 in 2008. As of the end of May this year, there have been 88 calls from men for help.
Foreign Office Minister Jeremy Browne said: "Boys and men who are forced into marriage find it harder to ask for help than women, but we are urging males affected by forced marriage to speak out and seek the help that is available to them."
He added: "Of course, women make up the majority of forced marriage victims, and over 1,400 reports of women facing this abuse were dealt with by the FMU last year.
But people often don't realise that men can be victims of forced marriage too."


India a vibrant diverse country accepts personal laws of its citizen. Every citizen of India is entitled to have his own personal laws inter alia in the matter of marriage and divorce. Matrimonial disputes include issues related to child custody as well as child protection law, ancillary/ financial property where either spouse is in India or has assets in India.

Feel free to post your query for assistance on your matrimonial dispute by clicking on Send a Query

Hindus are governed by Hindu Marriage Act, 1955 which provides for the conditions of a Hindu Marriage where under the bridegroom should be of 21 years and bride of 18 years, they both should be Hindus and should not be within the degree of prohibited relationship or sapindas, neither party should have a spouse living nor any party should be subject to recurrent attacks of insanity or epilepsy, either of them should not be suffering from mental disorders or should not be unfit for marriage and procreation of children and both should be of sound mind and capable of giving valuable consent.

Divorce under the Hindu Marriage 

Act 1955 can be obtained on the grounds of:

  • Adultery
  • Cruelty
  • Desertion for two years
  • Conversion in religion
  • Unsound mind
  • Suffering from venereal disease and/or Leprosy
  • Either spouse has renounced the world not heard for 7 years
  • No resumption of co-habitation for one year after the decree of judicial separation
  • No restitution of conjugal rights for one year after decree for restitution of conjugal rights Husband guilty of rape sodomy or bestiality
  • And if after an order of maintenance is passed under the Hindu Maintenance and Adoptions Act or the Criminal Procedure Code there has been no cohabitation for one year.
As regards the maintenance and adoption of children, Hindus are governed by The Hindu Adoption and Maintenance Act.

Muslims are governed by their personal laws under which "Nikah" (i.e. marriage) is a contract and may be permanent or temporary and permits a man 4 wives if he treats all of them equally. To have a valid "Nikah" under the Muslim Law, presence of a Qazi (Priest) is not necessary. Merely a proposal in the presence and hearing of two sane males or one sane male and two sane female adults, all Muslims and acceptance of the said proposals at the same time constitute a valid Nikah under the Muslim Personal Law. A husband can divorce his wife without any reasons merely by pronouncing thrice the word "Talak". However for a Muslim woman to obtain divorce certain conditions are necessary.
For Parsees there is a Parsee Marriage & Divorce Act, 1939 which governs the provisions of their marriage and law and for Indian Christian there is a Indian Christian Marriage Act 1889. Persons of any religion who get married under the Special Marriage Act, 1954 are governed by the said act.
There are certain penal provisions also in the Criminal Procedure Code providing for the maintenance of the wife and punishment for bigamy.

VARIOUS ENACTMENTS
(click on the following links for details)
  1. The Indian Divorce Act, 1869
  2. The Special Marriage Act, 1954
  3. The Hindu Marriage Act, 1955
  4. The Hindu Minority and Guardianship Act, 1956
  5. The Hindu Adoptions and Maintenance Act, 1956
  6. The Dowry Prohibition Act, 1961
  7. The Foreign Marriage Act, 1969
  8. The Family Courts Act, 1984
  9. The Muslim Women (Protection Of Rights On Divorce) Act, 1986
You can send us your query on any kind of matrimonial/divorce issue on query@nrilegalservices.com or click on Send a Query.

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