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PROJECT REPORT ON

PREVENTIVE MEASURES TO CURB THE RISING


NUMBER OF COMPLAINTS OF NRI'S

SUBMITTED IN THE FULFILMENT OF THE INTERNSHIP AT THE PUNJAB STATE COMMISSION


FOR NRI'S

SUBMITTED TO:

JUSTICE RAKESH KUMAR GARG (RETD.)

(CHAIRPERSON)

PUNJAB STATE COMMISSION FOR NRI'S

SUBMITTED BY:

1. RAVNEET KAUR
2. HARSHMIR KAUR SWAITCH

(STUDENTS, UNIVERSITY INSTITUTE OF


LEGAL STUDIES

PANJAB UNIVERSITY,
CHANDIGARH)
ACKNOWLEDGEMENT

The success of any task lies upon the efforts made by a person but it cannot be
achieved without the cooperation of others. In the accomplishment of this project
successfully, primarily we would like to thank Justice Rakesh Kumar Garg (Retd.)
Chairperson of Punjab State Commission For NRI's and Anil Kumar Sharma (Retd. IPS
Officer), ADGP for their valuable guidance and pledged support due to which we were able
to patch this project and make it a full proof success. Their suggestions and instructions have
served as the major contribution towards the completion of the project.

I would also like to thank God to give us this opportunity to intern with such eminent
personalities and thence enrich our knowledge, without which we think we would have never
come across these hidden problems faced by the NRI's. It is only after interacting with them
that we could analyse this sensitive issue and derive a few suggestions to put a barrier to the
rising problems.

We want that such an opportunity to escalate our knowledge should again come in our way to
approach your highness. Further, enlighten us on this very delicate and important issue.

Thanking You/-
PREVENTIVE MEASURES TO CURB THE RISING MATRIMONIAL DISPUTES OF NRI'S

With the rising allure among Indians, it has come across that either the people are getting
married to NRI or Foreign National or migrating abroad with the motive of settling their
permanently and thus it leads to many back home problems. Also, in case of NRI marriages
there arises disputes of separation and divorce as in the urge to improve the social status by
getting married to NRI spouse and parents do not verify the antecedent's of the NRI groom
and family which lands them into infinite and long disputes. So, in the present assignment we
are trying to suggest some preventive measures which could be taken by the concerned
authorities.

LEGAL MEASURES

I. TO KNOW THE ANTECEDENT'S OF THE CONCERNED NRI:

a) It is pertinent for the party who is the resident of India to verify the antecedent's and
other whereabouts of the NRI party to whom he/she is getting married. It is important to
know when did the NRI migrated to the other country, did the party go legally or through
the illegal means and to verify the passport details of such party as to when the passport
was issued to the aforesaid party and when is it going to expire. The prominence of
knowing the details as to when the passport is issued and getting expired is that in case the
authorities i.e. Ministry of External Affairs and Ministry of Home Affairs find that such a
NRI party is fraud, the passport authorities could be directed not to renew the passport of
such NRI.

b)Secondly, the age, "Marital Status" of such a person must be verified. Prior, to the
solemnization of the marriage, the NRI party must submit to the "Marriage Registration
Authority" in India a declaration/ affidavit in writing attested by the authority of his
country as to the fact that he is not engaged in any marital or live in relationship also, both
the parties must address their pristine intention to marry in India with their own free
volition and not with malafide intention or under any parental pressure. This affidavit must
be attached by the concerned authorities with all the VISA documents of the parties
concerned.

c) Thirdly, "Employment Details" as to if he has got an official work permit in the country
authorised by the Employer, Residence Details of the NRI in India and Abroad and Family
Status of the NRI even if the rest family is settled in India must be verified. Furthermore
the "Details of the Properties in India and abroad, Social Security Number, Voter Card or
Alien Registration Card must be enclosed thereto.

d)A Declaration that "No criminal or Civil Case is pending against him in either of the
Countries.
All the aforementioned details must be attested and submitted to the Ministry of External
Affairs/-

II. MANDATORY REGISTRATION OF THE MARRIAGE:

a) According to "Section 8" of the Hindu Marriage Act, 1955 provides for registration of
marriage for the purpose of facilitating the proof of Hindu marriages though not
compulsorily but grants the power to the state governments to make rules for registration.
In the exercise of this power the government of Punjab has enacted The Punjab
Compulsory Registration of the Marriages Act, 2012. Section 3 of which provides for
compulsory registration of marriages in Punjab solemnized under any law governing the
parties who are Indian Citizens or where at least one party is a Citizen of India and other a
Non- Resident Indian or Foreign National irrespective of their religion, caste, creed or
nationality.

b) Provided, if both the parties are Indian Nationals so they must submit a declaration to the
Marriage Registration Authority about their Express Intention to get married and such an
affidavit must be attached with the marriage registration document.

c) Where one of the party is Indian National and other is Foreign National, so all the
antecedents of NRI/ Foreign National including the Residential Address, VISA number,
Passport Number, Date of Issue and Expiry, Social Security Number, Employment Details
attested by the Employer and Affidavit as to declaration of his marital status prior to
solemnization of marriage in India and duly attested by the authorities of his country must
be attached thereto with the marriage registration documents.
III. GRANT EARLY SPOUSAL VISA:

a) The Government of India must constitute a separate mechanism with other countries for
grant of early VISA to the spouse (Indian resident) so that he/she can accompany and join
the other spouse residing abroad after a reasonable time period from the date of
solemnization of the Marriage in India as a consequence of which the chances of cheating
or deceiving the spouse residing in India would be reduced.

b) Also, Ministry of the External affairs must take follow up action to ensure that the
requirements are compiled therewith and VISA is granted to the Spouse residing in India
within reasonable time period such that partners can resume the cohabitation.

IV. DEPORTATION OF BOTH SPOUSES IN CASE OF VIOLENCE:

a) In case any Matrimonial Dispute arises between the NRI spouses and as soon as any
complaint is registered with the Police Abroad, such complaints should be handed over to
the concerned Indian Embassies. The role of the embassy should be made obligatory to
diligently analyse the matter, conduct an enquiry about the dispute, counsel the parties
thereto and try to reconcile their marriage. In addition to this embassy must ensure that the
spouse in NRI marriages, in case of difficulties could avail shelter and monetary support, a
lawyer to defend himself/herself and police protection, if needed.

b) Indian embassy has to play a significant role in a situation where the case is filed in India
by one of the spouse while the other spouse is residing in abroad. One of the major muddle
is when summons are sent to the spouse residing abroad but he does not appear before the
Indian courts. Thus, Indian embassies should take this duty upon his shoulders to get such
NRI's deported back to India immediately, thereby impounding their passports. As a
consequence of which it would become easy for the Indian Courts to settle such
matrimonial disputes on merits with both the parties contesting to it. Another consequence
of such deportation would be that none of the party would remain at a disadvantaged
position else the wife will protest in the Indian courts and NRI husband would relax,
thereby receiving ex-parte decree in the foreign court.
V. DOWNSIDES IN POLICE DEPARTMENT

a) While attending the proceedings of the Commission we observed that Police personnel in
India do not have requisite knowledge of law. As a result they frame wrong charges in the
FIR and at times they do not include the required charges which ought to be included in
the case. At times, it is also observed that police personnel in order to hush money file
false FIR's and conduct one-sided enquiry as a result of which justice is not meted out.

b) So, the Government must arrange seminars and trainings to update them with the
amendments, repeals and new charges that can be expected to be framed in respect of the
case. for e.g.: in the case of matrimonial disputes usually in FIR the Police frames charges
of Domestic Violence, harassment both physical and mental and Dowry Demand but they
fail to frame the charges of Cheating and Conspiracy of Parents and other relatives of
Husband etc. It clearly indicates that our Police Personnel especially the newly recruits are
not equipped with the legal knowledge.

SOCIAL MEASURES

1) We have analysed across our research and through our sense of living as a youth in the
society that out of the object, after pursuing their required qualification when the same
children are not able to secure "jobs" in India and out of the desire to start earning and
extend a helping hand to their parents they think of turning to countries abroad and earn.
This is root cause that burgeons the allure in the people to settle abroad. So, it is the high
time that the Indian people must change their mind-set which they have regarding the
luxurious life and benefits they would receive in abroad. The "bitter truth" is that one has
to work day and night for a square meal there. One of the major problem in India is that
people categorise the works they do and asses the person's status accordingly. People
prefer white collar jobs here. Such people go to abroad and do all the manual work no
matter what it is. Then why not to pursue such jobs in India?

2) This problem is observed especially in the rural area as they do not apply logical thinking
as to what could be the adverse impact later. The Government should organise awareness
campaigns in rural areas to make them aware about the opportunities available in India
and make them familiar to the difficulties they are going to face in adjusting in the
environment of foreign countries. Also, same must be taught from School to the University
Level Students and fertile minds should be created so that they can easily adapt to jobs and
get employed in their country.

3) One of the major alluring factors for Indian people is the payment they receive for the
work they do in foreign countries. They usually earn the amount on hourly basis according
to the nature of job they do. This is not the situation in India. So it is the need of the hour
that the government should establish proper standards so that a person should earn
according to the nature of the job he is doing. Also, it is observed that the countries abroad
are indulged highly into the welfare of their country and people as compared to India it is
due to this reason that their people abroad are more relaxed and secured. But, Government
of India has not indulged much into welfare due to which Indians think that they could
earn better as per what they deserve in countries abroad.

4) It is pertinent to mention that when Indian settled abroad thereby securing their
employment, so it acts as a boon for country abroad as the whole "Economic Process" of:
Income= Consumption + Saving and Saving = Investment leads to Rise in GDP of country
abroad and same acts a bane for the India as it creates a problem of "brain-drain".