Consequences of Invalid Divorce Decree granted by foreign court in India

31/07/2020 - For the last few decades, there has been a trend of marriages between Indian brides with NRI grooms settled abroad. Various NGOs and newspaper surveys have published that there are more than 50,000 women from Punjab and Gujarat states who are deserted by their NRI husbands after their marriages. NRI husbands often file for divorce and even get divorce decrees from the country of their residence and their wives in India do not even have the whiff of the finality of their marriage.

Even the girl (newly married bride) who migrates to the country of her husband, which is a totally new world for her, has to go through a metamorphic change to adjust in the new environment.

The marriages solemnized with blessings and wishes of both families of bride and groom, the difference in culture, language, lifestyles and expectations usually lead to matrimonial discord which finally end up in dissolution of marriage.

Consequences of Divorce between an Indian woman and a NRI obtained by Misrepresentation / Fraud in foreign court

Even though the National commission of women and child welfare wrote in a letter to Ministry of external affairs that “dissolution of marriage should take place in accordance with the laws and in the country where the marriage has been solemnized since Indian women in NRI marriages are vulnerable in foreign countries without any financial support.”

In a foreign country, the lack of support infrastructure both financial and emotional, apart from language barrier, lack of information on legal rights and inadequate financial support usually works in favour of her NRI husband. It has further been observed that NRI Husband being resident of that foreign country has an edge in this legal fight and tends to misuse the provisions of laws in that country to get divorce on grounds favourable to them.

Consequences of Divorce obtained by Misrepresentation / Fraud

Often in their attempt to subvert the due process of law in India, the NRI husband may try to get a decree of divorce from a foreign country by misrepresenting or concealing various facts from the foreign courts.

If a divorce decree has been obtained by Husband from foreign court without following appropriate legal procedures and by concealing the facts, he would have to face the following consequences

1. If he remarries, he may be prosecuted for bigamy in India
2. Wife who is divorced as per foreign law may file for maintenance in India
3. In case where Husband dies INTESTATE (without making a will) the first wife will have the right to her share in property of the husband while the second wife will get nothing because her marriage will not be considered legitimate.

Even though not very common and heard off, if a woman has obtained divorce decree by misrepresenting or twisting the facts from foreign court without following proper legal steps, she would have to face the following consequences

1. If the wife remarries, her new husband may be prosecuted under section 497 of IPC and may face imprisonment upto 5 years
2. Further the wife will be charged for bigamy and prosecuted under sec 494 of India Panel code

This in nutshell it is always advisable to avoid obtaining a Divorce decree by misrepresentation/ fraud by either of the parties to the marriage. It is further advisable to take the assistance of a qualified expert in this field for initiating the steps required to obtain a divorce in case the situation so demands.