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Desi brides on receiving end,
India’s Law Commission acts
WSN Network
CHANDIGARH:
India’s Law Commission has recommended a slew of measures to counter
the problem of “desi” brides being dumped by NRI grooms. One of its
suggestions is about compulsory registration of marriage where one
spouse is NRI.
In its 219th
report submitted to the Government of India, the commission said
compulsory registration of marriages involving NRIs would “ensure
compliance of conditions of valid marriage, establish proof of
marriage and deter bigamy.” “States with significant NRI migration
should make marriage registration compulsory, particularly when one
of the spouses is an NRI.
Simultaneously,
it should be made obligatory for the NRI to intimate the embassy or
high commission concerned in India about the registration of
marriage,” it said.
The commission
has suggested changes in the exiting laws on marriage, divorce,
maintenance and alimony, adoption, child custody and matrimonial
property.
It says the
states with high NRI population should create family courts to deal
with family-law problems and give pri ority to settlement of
familylaw issues where the parties are NRI. It has recommended
creation of fast-track courts for time-bound disposal of cases
relating to succession, transfer of property execution of wills ,
and repatriation of NRI funds.
The Commission
led by Justice A.R. Lakshmanan wants the state governments to
simplify and streamline the procedures in this regard. “Where one of
the spouses is an NRI, parallel additions should be made in the
Hindu Marriage Act (MHA), 1955, and the Special Marriage Act (SMA),
1954, to provide for maintenance and alimony of spouses, child
custody and child support and settlement of matrimonial property it
said, adding,” that irretrievable breakdown of marriage should be
recognized as ground for divorce under the MHA and SMA.
Recommending “a
single uniform legislation” for adoption of Indian children by NRIs,
the commission said: “Inter-country child adoption procedures should
be simplified.” The Union Ministries of Women and Child Development
and Overseas Indian Affairs have also recommended that no visa be
given to the NRI couples if their marriage is not registered in
India and
their passport should have special mention of their marriage.
The Ministry of
Women and Child Development said extradition treaties should include
provision for repatriation of NRI husbands who abused their wives or
dumped them in
India.
Favouring
ratification of the 1993 Convention on Protection of Children and
Cooperation in Respect of Inter-country Adoption, it said
India should
also accede to the Hague Convention on the Civil Aspects of
International Child Abduction.
6
May 2009
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