NRI Matrimonial Disputes: Key Legal Judgments
Understanding important legal judgments can provide clarity to NRI spouses facing matrimonial disputes. Here are some significant rulings from the Supreme Court of India, explained in simple terms:
1. Y. Narasimha Rao & Others Vs. Y. Venkatalakshmi (1991 3 SCC 451):
- In this case, both husband and wife were married under the Hindu Marriage Act in India.
- The husband obtained a divorce decree from the State of Missouri, USA, claiming residency there.
- However, the Supreme Court held that the foreign decree was not enforceable in India as it did not comply with the Hindu Marriage Act.
2. Neerja Saraph Vs. Jayant Saraph and Another (1994 6 SCC 641):
- Neerja Saraph, an NRI wife, faced a case for annulment of marriage filed by her husband in the USA.
- She filed a suit for damages against her husband and father-in-law in India and obtained an ex-parte decree.
- The Supreme Court directed the NRI husband to make an interim deposit of Rs. 4 lakh in favor of the wife pending appeal.
General Rights Available:
- Enforcement of Court Orders: NRI spouses have the right to enforce orders issued by Indian courts.
- Seeking Injunctions or Interim Orders: NRI spouses can approach courts for injunctions or interim orders against the husband’s travel abroad or taking children out of the country, including impounding passports.
- Claiming Damages: NRI spouses have the right to claim damages through a suit for damages.
- Claiming Property Shares: They also have the right to claim property shares from the husband and in-laws.
Understanding these legal precedents and rights empowers NRI spouses to navigate matrimonial disputes effectively, ensuring fairness and protection under the law
Contact Us for NRI Court Marriage Services
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We look forward to the opportunity to assist you in navigating the intricacies of NRI court marriages and helping you achieve legal recognition for your international love story.
