Tuesday, March 6, 2007

Foreign Divorce validity in India - Is the MOIA making mockery of law

Satya Kumar has brought to the notice, the following :

Guys, You would not believe your eyes and ears when you read page 5 of 18th:
1) No marriage between an NRI and an Indian Woman, which has taken place in India, may be annulled by a foreign court
2) Provision may be made for adequate alimony to the wife in the property of the husband both in India and aborad
3) The decree granted by Indian courts may be made executable in foreign courts both on the principle of comity and by entering into reciprocal agreements like section 4A of the civil procedure code which makes a foreign decree executable as it would have been a decree passed by the court.read on :
http://www.moia.

My reply to this would be :

1) Absolutely right that no marriage between NRI and an Indian Woman, which has taken
place in India be anuulled by a foreign court. BUT, it should have conditions as follws :
(A) The word Indian Woman should be substituted with the word Spouse
(B) The husband and wife should not have lived together for more than 3 years.
(C) No spouse should not have mishandled/abused/tortured the other.
(D) If the cops/courts of that country where they are living together for more than a year
continuously, has found one of them guilty, should punsih the culprit and immediate
divorce without any payment to either be allowed.
2) Payment should only be the duty of the spouse who is guilty. The guilty will part away with half of his/her property to the other. Guilt should be defined properly here. Duty towards parents and children should also be considered strongly. Here, the wife should have duty towards the father-in-law and the mother-in-law because it is the wife who goes to the matrimonial house. in case the wife wants to take care of her parents, she should have gone into contract marriage where the husband should have gone to live with the wife and not vice versa.
3) If the agreement is reciprocal, how can the women's commission make such a claim. The foreigne decree has to be accepted in India as well.

Rgds
Vineet

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