Abstract

As observed by Swami Vivekananda, about one-half of mankind is suffering from prejudice, discrimination and oppression in a male dominated society. Thus, there are grave inequalities between nations and there are also serious inequalities within the nations and everywhere women are lacking in position, power and overrepresented amongst the poor. There is growing evidence showing that women tend to represent the highest proportion of claimants in family disputes. Family law is, therefore, a critical avenue for transforming women’s lives. This article unpacks subtle violations of women’s rights in the private domains of marriage and family. The family domain is a space in which women’s rights are violated. The central question revolved in the researcher’s mind is whether the Overseas Indian marriages cause any problem so far as it relates to rights of women in international scenario or how much do the Overseas Indian marriages protect the rights of women? Is there any legislation regarding Overseas Indian marriages and what is the international perspective? To get answer to this problem, this research is conducted. In this study, it will be shown why the legislation relating to Overseas Indian marriages in the 21st Century becomes an integral part of marriage institution and how it gains the attention of Sociologists and Law Reformers that rights of women should be protected throughout the World. It will make an analysis of the various statutory provisions pertaining to marriage institution under various personal laws. This would enable to make appropriate modifications in existing legal provisions, and in the absence of any such legal provisions, the urgent need for Statutory provision relating to Overseas Indian marriage and international status of marriage.

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