Disputes Relating to Maintenance, Monetary Compensation, and Execution of Orders in NRI Marriages

Disputes Relating to Maintenance, Monetary Compensation, and Execution of Orders in NRI Marriages

At Legal Light Consulting (LLC Lawyer), we often see that one of the most challenging issues in NRI marriages is the question of maintenance and financial support for deserted wives and children.

Many women, particularly those left behind in India, struggle not only to obtain court orders for maintenance but also to enforce those orders, especially when the husband resides abroad.

The Ground Reality

A study conducted by the National Institute of Public Cooperation and Child Development (NIPCCD) in Punjab and Haryana revealed alarming facts:

• Most deserted wives never receive any maintenance from their NRI husbands.

• Even when courts award maintenance, payments are irregular or stop after one or two installments.

• Women face a double legal battle: first to secure an adequate maintenance order, and second to ensure its enforcement—often across international borders.

The Legal Framework for Enforcement

1. Section 44A of the Code of Civil Procedure (CPC), 1908

This section allows for the execution of foreign decrees in India, but only if the decree is from a “reciprocating territory”—a country that has a mutual agreement with India for enforcement of court judgments.

Currently, India has Reciprocating Agreements with the following:

• United Kingdom

• United Arab Emirates (UAE)

• Bangladesh

• Singapore

• Hong Kong

• Malaysia

• Trinidad & Tobago

• Fiji

• New Zealand

• Papua New Guinea

• The Cook Islands (including Niue) and Trust Territories of Western Samoa

• Aden

 In such cases, a certified copy of the foreign court’s decree can be filed in an Indian District Court, and it will be executed here as if it were passed by the Indian court itself.

2. Section 45 of the CPC

This provision deals with the execution of Indian court decrees outside India. If a husband resides in a foreign country, an Indian maintenance order may be executed abroad—provided India has reciprocal arrangements with that country.

Landmark Judicial Precedents

• Satya v. Tej Singh (1975) – The Supreme Court clarified how an Indian maintenance decree can be executed outside India under Section 45 CPC.

• High Court ruling on Californian Court’s decree – It was clarified that foreign decrees (like child support orders) from reciprocating territories can be directly executed in India under Section 44A CPC.

The Challenges for Women in NRI Marriages

1. Lack of regular maintenance despite court orders.

2. Ex parte foreign divorce or maintenance decrees where the wife has no chance to contest.

3. Jurisdictional hurdles in enforcing decrees across borders.

4. Financial strain due to prolonged litigation.

How Legal Light Consulting Can Help

At Legal Light Consulting, our team of LLC Lawyers specializing in NRI disputes assists women and families by:

• Filing and defending maintenance and compensation claims in India.

• Challenging unjust foreign decrees in Indian courts.

• Assisting with the execution of foreign decrees under Section 44A CPC.

• Guiding clients through cross-border enforcement strategies.

• Offering practical legal solutions tailored to the needs of NRIs and their families.

FAQs on Maintenance and Execution of Orders in NRI Marriages

1. Do deserted wives in NRI marriages usually receive maintenance?

Unfortunately, many deserted wives never receive maintenance. Even when courts grant maintenance orders, payments are often irregular or stop after a few months.

2. What legal provisions allow enforcement of foreign maintenance orders in India?

Foreign maintenance or compensation decrees can be enforced in India under Section 44A of the Code of Civil Procedure (CPC), 1908, provided the order is from a reciprocating territory.

3. What is a “reciprocating territory”?

A reciprocating territory is a country with which India has an agreement to mutually enforce court decrees. Examples include: United Kingdom, United Arab Emirates, Singapore, Malaysia, Hong Kong, New Zealand, Fiji, Bangladesh, Trinidad & Tobago, and a few others.

4. How can a foreign decree be executed in India?

A certified copy of the decree from a superior court in the reciprocating country must be filed in an Indian District Court. It will then be executed as if it was passed by that District Court.

5. Can Indian court orders for maintenance be enforced abroad?

Yes. Under Section 45 CPC, Indian maintenance decrees can be executed in foreign countries, but only if India has reciprocal arrangements with that country.

6. What if my NRI husband is in a country that is not a reciprocating territory?

In such cases, direct enforcement is difficult. You may need to file fresh proceedings in that foreign country, using the Indian decree as supporting evidence. Legal assistance from experts familiar with cross-border laws becomes crucial.

7. What did the Supreme Court say in Satya v. Tej Singh (1975)?

The Court clarified the process of executing Indian maintenance decrees abroad under Section 45 CPC and emphasized that fraudulent or unfair foreign decrees cannot be enforced in India.

8. Can a husband avoid paying maintenance by getting a foreign divorce decree?

No. Indian courts have consistently held that ex parte foreign divorce or maintenance decrees (without the wife’s participation) are not valid in India. The wife can still claim maintenance under Indian law.

9. What challenges do women face in enforcement of maintenance orders?

• Delays in serving summons abroad

• Lack of reciprocal enforcement in some countries

• High costs of litigation

• Financial dependency during prolonged cases

10. How can Legal Light Consulting help in such cases?

Our LLC NRI Lawyers assist by:

• Filing maintenance and compensation claims in India

• Challenging unjust foreign decrees

• Enforcing foreign decrees in Indian courts under Section 44A CPC

• Guiding clients through cross-border enforcement strategies

• Protecting the financial rights of deserted wives and children

 Note: This FAQ is for educational purposes only. For personalized legal help in NRI maintenance or execution of orders, contact Legal Light Consulting – LLC Lawyer.