NEW DELHI: In order to protect the rights of women married to foreigners including nonresident Indians, the Supreme Court has asked the Center to enact a law barring courts abroad from annulling any marriage of native bride and NRI groom solemnized on Indian soil.
Noting that from time immemorial women had been “exploited Socially and economically, inside and outside the house,” a bench of Mr, Justice R.M. Sahai and Mr. Justice N.P. Singh observed that “a new social evil is surfacing,” ‘with middleclass families lured to marry their daughters to NRIs without any dowry.” ‘While disposing of Ms. Necraja Sarpah’s appeal, who was deserted by her husband Dr. Jayant V. Sarpah, a computer engineer the Court directed Mr. Sarpah’s maternal grandfather living in Bombay to deposit Rs. 3 lakh against Rs 22 lakh decree for damages passed by the high court. The high court had stayed the expert decree but directed that Rs 1 lakh be deposited until a final decision was made by it.
Ms Sarpah is the daughter of a senior Indian Air Force officer. A qualified teacher, she resigned her job fetching her Rs 3000 a month on the persuasion of her husband who initially wanted her to join) him in the US but later petitioned the court there to annul the marriage.
The court, however, felt that the rule of domicile replacing the nationality rule in most of the. countries for“ assumption of jurisdiction and granting relief” in matrimonial matters had resulted in conflicts of laws. But feasibility Of a legislation to safeguard the interest of women was possible by incorporating provisions like adequate alimony to the wife living in the country.
Article extracted from this publication >> October 28, 1994
