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NRI Marriage Rights and Laws
This category covers legal rights, protections, and regulations pertaining to marriages involving Non-Resident Indians (NRIs). It explores marriage registration requirements, matrimonial disputes, custody and maintenance issues, divorce laws, and protections against exploitation. The content highlights relevant Indian laws, government policies, and judicial rulings to guide NRIs and their spouses through complex legal scenarios to safeguard their marital and family rights.
Supreme Court Upholds Delhi High Court’s Authority in NRI Divorce Case: Vikas Aggarwal v. Anubha (2002)
In Vikas Aggarwal v. Anubha (AIR 2002 SC 1796), the Supreme Court of India dealt with an appeal filed by an NRI husband whose defence had been struck off in a maintenance suit filed by his wife in the Delhi High Court. Despite repeated directions and multiple opportunities, the husband failed to personally appear before the Court, as ordered. The High Court had specifically required his personal appearance to clarify how a US court granted him a divorce decree even though
Delhi High Court on Maintenance and Foreign Divorce Proceedings: Harmeeta Singh v. Rajat Taneja (2003)
In Harmeeta Singh v. Rajat Taneja , 102 (2003) DLT 822, the Delhi High Court dealt with a case where the wife was deserted by her husband within six months of marriage. She had been compelled to leave the matrimonial home just three months after joining her husband in the United States. The wife subsequently filed a suit for maintenance under the Hindu Adoptions and Maintenance Act, 1956 in India. During the pendency of the case, the High Court passed an important interim or
Gujarat High Court: Divorce Abroad Not Valid for Marriages Solemnised in India
In a combined judgment on two appeals filed by the wife against the Family Court’s order dated 31-3-2023, which rejected her plea declaring an Australian divorce decree null and void and seeking restitution of conjugal rights, the Gujarat High Court Division Bench of Justices A.Y. Kogje and N.S. Sanjay Gowda set aside the order. The Court held the husband could not initiate divorce proceedings in Australia if the marriage was solemnised in India, even if both parties had fore
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