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Student Project | Law | India | Volume 12 Issue 11, November 2023 | Rating: 4.4 / 10
Explore the Complicities of International Marriage and Divorce
Yazhini
Abstract: Marriage, is a legally and socially sanctioned union, usually between a man and a woman, that is regulated by laws, rules, customs, beliefs, and attitudes that prescribe the rights and duties of the partners and accords status to their offspring. In marriage, also called matrimony or wedlock, every citizen of India has the right to choose ?his spouse, whoever?. Art 21 of the Indian constitution guarantees the right to marry the person of one's choice. No one has the right to against that right and should not compel one to marry another person which is an offence in India. Art 16 of the Universal Declaration of Human Rights states that men and women of full age, without any limitations due to race, nationality, or religion have the right to marry and found a family so everyone has the right to marry a person of one's own choice if both were full age (women should complete 18 and men should complete 21) even if they belong to a foreign country. Even our Indian law did not explicitly prohibit individuals from marrying a person who belongs to an 'enemy' nation. But there are several issues and problems in that. Marriage between persons who belong to different countries is not as easy as regular marriage when comes to divorce. There are many con?icts and confusion arising in international divorce like jurisdictional issues, property division, and child custody in cross-border divorces. because it involves different countries' set of rules and regulations regarding marriage, divorce, and family matters determining which country's law should apply is a complex task, and determining which country's court has jurisdiction is very complex because in a country a law in the particular matter might not be an offense but in some another country it can be an offense. It is very complex which country will have jurisdiction in such cases, on grounds for divorce. Determining child custody matters is also a big issue. Because the child may be brought up in one country?s culture and tradition, it is di?cult for the child to adopt other countries. Property division is also one of the issues and it is a contentious issue due to the involvement of multiple countries? legal systems and various assets in different locations. And determining which country's court has jurisdiction over property division can be challenging, especially if the couple has lived in multiple countries during their marriage, asserts located in multiple countries including real estate, Bank account, investment, and business dividing these assets fairly can be challenging. Partners in mixed marriages may be supportive of each other?s religious beliefs but still often run into unexpected issues. International marriages are not always easy and those married to someone with a different cultural background know that these kinds of relationships are challenging. Religious and political differences as well as language barriers can cause con?icts for couples in an international marriage.
Keywords: Procedure for international marriage, Typologies of problems in NRI Marriage, an awareness campaign to sensitize NRI Marriage issues, Eternal vigilance
Edition: Volume 12 Issue 11, November 2023,
Pages: 1534 - 1537