Sandeep Jain (NA) 02 March 2010

Jurisdiction in case of Indian Nationals marrying abroad?

Consider the case of an Indian living abroad (NRI) groom getting married to another Indian citizen resident in India (bride).

Situation is as under:

1. Groom is NRI (but has retained Indian citizenship, is on a work permit abroad and not a immigrant visa), Bride is not an NRI at time of marriage

2. Marriage is held abroad and registered abroad (in the country where the groom works) and a legally binding pre-nuptual agreement is signed between the groom and the bride (legally binding as far as the country where it is registered is concerned).

In such a situation, if a marriage fails, whose jurisdiction would the marriage / divorce law fall under?
Would both parties have to accept the pre-nuptual agreement signed and registered in that country or could they have any recourse to a court in India / Indian law if they later change their mind and want to demand more than what the pre-nuptual agreement provides for?

Reply Follow

6 Replies

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 02 March 2010

in your case the foreign country, as well as indian cout have the rights to attract the marriage by virtue of it's own.

foreign marriage act is also there for such types of marriages, which performed at indian embassy there.

Sandeep Jain (NA) 02 March 2010

Thank you for the answer. Unfortunately, it does not really address my concerns or answer the question completely. I therefore request more comments / answers.

Regards,

Sandeep

Sandeep Jain (NA) 02 March 2010

Thank you Harsh,

Your answer is somewhat clear but since its in technical language "jurisdiction point", I need to ask for some clarifications in general language. I hope you will clarify and oblige.

By jurisdiction point arising where marriage took place, do you mean that Indian courts will accept the jurisdiction of the court where the marriage was held and registered? Will they also accept the prenup agreement that was signed before the marriage?

Will this prenup be binding both in case the parties continue to live abroad?

Will it be valid even if parties return to India?

Regards,

Sandeep

(Guest)

1. What is the religion of parties ?

Sandeep Jain (NA) 03 March 2010

The groom is Hindu, the bride is Muslim. Does the religion of the parties affect jurisdiction?

(Guest)

It will affect in so far as possible like under which special marriage Law the case will proceed ! Is the marriage registered in India ?
Sh. Arup ji / Dr. Tripathi / Sh Aejaz ji are having better grip on this subject hence contact them for further clarifications.
Rgds