Private International Law and Matrimonial Causes in India

8 Pages Posted: 11 Jan 2014

Date Written: January 9, 2014

Abstract

Laws relating to foreign marriages were firstly discussed in August, Nineteen sixty two after independence in nineteen forty seven, and the twenty third report of Law Commission of India raised the demand to enact the Law on the issue. When the Special Marriage Act, nineteen fifty four legislation was before Parliament, a suggestion was made that it should apply to marriages solemnized outside India even where one of the parties thereto was an Indian citizen.

Problems - Government is not taking care of the nation’s smallest unit, which is a family and if it will start ending by the above discussed issues will stop the nation’s growth. Later on there will be anomaly of their residences & multiplicity of their ID’s and where they reside exactly, disputes bring pressure on the transport system as well as court system.

Even in 2014 after 63 years of independence, legislators are not showing to equate for both the spouses and law is not mature as it is to be, to deal with the issues. Foreigner comes here marry and go back. A woman who is wrong on her part and innocent husband is extorted; court helps/ensures for her in extortion of money. This is mockery of Law. In their marriageable age they have to face unemployment, corruption, high inflation (High price rate of essentials for start of the life), and then if problem arises (previously discussed) he or she can never start their life as both of them are socially admonished.

International Validity of Marriage - Legislation should ensure that marriages solemnized there under have a high degree of international validity. This can be achieved by authorizing the marriage officer to refuse to solemnize a marriage which appears to him to be in contravention of international law. Information about the marriage is to be sent to the passport office and all offices, where it is necessary, where the foreign national (including NRI) resides and having citizenship & domiciled.

On the basis of this citation marriage once celebrated, its status remains same until is ended by the consent of the parties to the marriage or on the basis of the fault theory by the filing of the case where the person aggrieved resides. Marriage solemnized in India must have (posses) international validity to deal with the issues of such nature as we are facing presently that one of the parties escape from the liability to give him/her company and another has to languish in pain and his/her life is spoiled by such acts the other choose to live in foreign country, the law of the land protects him or her and the other spouse continues his life normally because the previous marriage had no international recognition.

Illiteracy of One of the Spouse - If one of the spouses is illiterate and have no knowledge about the private international law, the other will take advantage and leave another as there was no marriage and marriage had no international validity.

Other Precautions for Making it a Strong Relationship - This provision seems little or more impractical in various part of the country. But it is necessary as precedents show that in many cases objection about the physical state of husband or bride is bring in the question by any of them that it was not disclosed and he or she was having psychological problem or the husband has problem relating to impotency and wife does not achieve orgasm. If the precautionary measures are adopted as their medical checkup before marriage will remove these questions as these are being resorted for getting rid from him/her. Specialized doctors may be included in the penal for pre-marital checkups, after the consent of both the parties. It will remove the chances to blame by a wife that her husband is impotent and husband blames his wife is mentally ill/retarded. After marriage if someone blames similarly he or she should not be given any relief and aggrieved person should be given adequate relief by the administration of justice. Failure to give relief to the person will deteriorate the societal values.

A simple example may be taken that if a person has no leg or arm, it can be seen easily and if we talk about the diseases, which are internal, psychological, impotency, AIDS, as these cannot be recognized by mere appearance of the person. The Government can make provisions to make it stronger institution, as it was few decades ago and presently have lost its main feature of unending relations. It is seen that from 1 day to 15 Years (even after decades) of marriage is being ending by taking frivolous excuses, stringent punishment should be awarded to the party who brings it towards breakdown of the marriage.

In India invariably woman misuse the laws as they are pro woman and man marries and go back to the country where he works.

Provisions Relating to the Reciprocity of Marriage Recognition: The person (foreigner or NRI) who comes to India and marries the Indian, he/she will be deemed to have submitted themselves to the Indian law. In India a clever/crook/wicked person misuse the laws and other has to reel in the pain. As we have uniformity of law in many areas, for example Cyber laws, ADR, IPR, etc. Every country is required to contact reciprocally and give recognition to the marriage celebrated therein their country and it will not carry mere evidentiary value but help each other to book to the wrongdoer according to the law, where it was celebrated (Lex loci celebrationis).

Keywords: India, Private International law, lex loci celebrationis, matrimonial causes, misuse of woman laws

Suggested Citation

Kumar Yadav, Dr. Raj, Private International Law and Matrimonial Causes in India (January 9, 2014). Available at SSRN: https://ssrn.com/abstract=2376873 or http://dx.doi.org/10.2139/ssrn.2376873

Dr. Raj Kumar Yadav (Contact Author)

Central University of Punjab ( email )

V.P.O.-Ghudda
Bathinda, Punjab 151401
India
09466602200 (Phone)

HOME PAGE: http://https://en.wikipedia.org/wiki/Raj_Kumar_Yadav_(academic)

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