Legal Considerations For NRI Inter-Caste Marriages
Inter-caste marriages among NRI couples often face challenges due to deeply ingrained social and cultural divisions. These couples may encounter social stigma, criticism from families, and emotional distress due to societal norms. Additionally, legal processes can become complicated, especially if one partner belongs to a lower caste, leading to bureaucratic hurdles and possible harassment.
What Are The Financial Implications And Legal Considerations Regarding Inter Caste Marriage For NRIs?
NRI couples in inter-caste marriages face various financial implications, both positive and negative, which can significantly affect their lives.
- In India, several state governments have implemented financial support schemes aimed at encouraging inter-caste marriages. For instance, the Inter Caste Marriage Scheme in Tamil Nadu offers cash grants of up to ₹50,000 for graduates and a gold coin to newly married couples.
- The Dr. Ambedkar Scheme provides a financial incentive of ₹2.5 lakh for couples where one partner belongs to a Scheduled Caste, aiming to help them settle down.
- The ministry of external affairs provides a booklet for guidance regarding inter caste marriage for NRIs.
- The passport authority can impound or revoke a passport or travel document if a court issues a warrant for the holder’s arrest or appearance, or if the court restricts the holder from leaving India.
- Foreign courts can execute court decrees held in India.
- For marriages registered outside India under the Foreign Marriage Act, 1969 and its 1970 rules, couples can seek matrimonial reliefs like divorce, legal separation, or the restoration of marital rights under the Special Marriage Act, 1954.
How NRI Couples Can Ensure Their Marriage Is Legally Recognised?
To ensure that an NRI inter-caste marriage is legally recognised in India, couples must follow specific legal procedures and fulfil documentation requirements under the Special Marriage Act, 1954.
- The couple must submit a notice to the Marriage Registrar in the district where at least one partner resides. They must display this notice publicly for 30 days to allow for any objections.
- Required documents for submission include: Valid passports of both partners, A valid visa for the NRI partner, No Objection Certificate (NOC) Obtained from the respective embassy or consulate of the NRI, Educational certificates or birth certificates, Documents like Aadhar card or voter ID for the Indian partner, and any valid address proof for the NRI, Eight passport-sized photos of both partners, two witnesses with identification documents.
- After the notice period, if no one raises objections, the authorities can solemnize and register the marriage under the Special Marriage Act.
- It is advisable to obtain a marriage certificate post-ceremony as it serves as legal proof of marriage and is essential for various legal rights.
In conclusion, inter-caste and inter-religion marriages among NRIs face both social and legal challenges. It’s important for couples to know their legal rights, like those under the Special Marriage Act, to protect their marriage and avoid unnecessary legal issues.
