Published Paper Details:

This research paper focuses on the issues and challenges related to NRI marriages in India. Firstly, the definition on the abbreviation NRI is stated in this paper; later on, the allowed participants in, and the reasons for rise in such marriages are stated in a very brief manner. Then the issues and challenges in such a marriage, which form the centrepiece of this paper are explained � how marital discord ensues after a fairytale wedding, how one spouse (usually an NRI male) deceives and abandons his wife (generally an Indian female), how women face other difficulties in foreign nations related to adjustment and employment, and how, for no substantial reason, they are abandoned by their spouse, or worse still, divorced only after a few months of solemnization of marriage. Laws applied to NRI marriages and disputes therein are also explained in some detail in the third chapter of this paper. Finally, two possible solutions are suggested. The first is the enforcement of Article 15 (3) of the Constitution through the spreading of awareness and assistance of the National Commission for Women, since in most cases women are the victims. The second is the creation of concrete legislations in the sphere of Private International Law by taking help of international conventions such as CEDAW, ICCPR, ICESCR and UDHR, which can govern trans-jurisdictional disputes, and also throw light on what law is to be applied to provide remedy to the victims of such sham NRI marriages. A single codified law in this regard, however, is difficult to create, since elements of Private International Law are scattered in our laws. Both solutions however, depend on the changes which society must be ready to make. Awareness regarding NRI marriages and acceptance of mistakes and a wrong mindset is necessary, so as to create laws which are solid and effective.