Faqs How To Address Issues Related To Marriages of Indian Women To Nri/Pios

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FAQs

How to address issues related to Marriages of Indian Women


to NRI/PIOs
1. Is there any method through which I can check the background of my
PIO/NRI fiancé (bride or groom)?

Before you are engaged to or marry an NRI / PIO, please verify through
your network of family, friends, neighbors etc. (both in India and in foreign
country), the following details:

1. Verify the status of the spouse as actually represented, especially with


regard to the following particulars:
 Check his marital status: whether single, divorced, separated
 Employment details: qualification and post, salary, address of
office, employers and their credentials
 Immigration details: type of visa, eligibility to take spouse to the
other country
 Financial status (to be verified with the employer)
 Criminal antecedents, if any
 Family background

2. Check the following documents relating to the spouse and keep a copy
with you and your parents:

 Visa, passport
 Social security number
 Passport number
 Tax returns of the preceding 3 years
 Proof of Address in foreign country

If you are not able to verify this information through your network of
friends, relatives, you may contact the local Indian associations/ bodies/ NGOs
etc. in the country where the NRI/PIO fiancé is residing to seek help in checking
his details/background of the fiancé.

3. Remember the following strict Don’ts in respect of NRI marriages:


 Do not blindly trust any bureau, agents, touts or a middlemen.
 Do not ever agree to forge papers or enter into any fake transactions for
any reason or on any pretext.
 Do not fall for any schemes to be able to migrate to another country, or
promises for green card through marriage
 Do not finalize matters in secrecy. Publicizing and sharing the information

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about the NRI marriage amongst the near and dear ones, friends and
close relatives could help you in getting vital information which you may
not be able to collect otherwise.
 Do not agree to have only a registered marriage or getting the marriage
solemnized in a far off place.
 Do not agree to the marriage taking place in the foreign country.

2. My husband is demanding dowry and is ill-treating me after I moved with


him to a foreign country. What should I do?

i. First and foremost, you must not come under pressure to accept the
demand for dowry or any other unreasonable demand made by or on
behalf of your NRI/ PIO husband to end your ill-treatment, abuse or
desertion.

ii. You can approach the nearest Indian Embassy/Consulate for


assistance/advice, to file a complaint with the local police about
harassment, abandonment, ill-treatment, etc.

iii. The Indian Embassy/Consulate can assist in providing contact details


of local NGOs, approach the local police, contact your family/friends,
etc. who could help you.

iv. The Indian Mission can be contacted for initial legal/financial


assistance to file a case against your husband in the foreign country.

3. Is registration of marriage compulsory in India?

Some of the states in the Indian Union have enacted legislations to make
marriage registration compulsory; These states are Andhra Pradesh, Delhi,
Goa, Gujarat, Himachal Pradesh, Karnataka, and Maharashtra.
Registration of marriage is optional in other states.

After you marry the PIO/NRI, you must register the marriage at the office of
the Registrar in India before you/your husband leave the country. The marriage
certificate issued by the Registrars’ office and a copy of it should be kept with
you and your family in India.

Please keep adequate proof like marriage photographs, wedding invitation,


copy of the husbands’ passport driving license, any other ID proof issued by the
foreign country, visa address proof of both bride and groom etc.

Please remember the following points


 Marriage registration certificate should be carried at all times.
 Doing all the paperwork for issue of visa and other required formalities at
your end- keep all the original papers with yourself.
 Affidavit from the spouse stating present marital status.
 Visit with a health/comprehensive insurance policy before arriving in the

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foreign country.
 Keep your passport with you in the foreign country and at least one copy
of the passport.

4. What are the other precautions one should take before leaving India after
marrying to NRI spouses?

i. Keep a list of contact details of neighbors, friends, relatives, your


husband’s employer in the foreign country, police, ambulance, and the
Indian Embassy or High Commission in the country where you are
living with your husband.

ii. Please keep photocopies of all important documents including your


passport, visa, bank and property documents, marriage certificate,
wedding photos and other essential papers and phone numbers with
parents or other trustworthy people in India or abroad.

iii. In case these documents are lost/forcibly taken away /destroyed by


your spouse or in-laws, the copies will be useful. If possible, keep an
e- mail account, where you can save the copies of the scanned
documents and also scanned soft copies of these documents with
you or/and any person you trust.

5. My NRI husband has abandoned me. What should I do?

i. If your NRI husband has abandoned you in India, you can


immediately file a complaint/ FIR under 498A IPC on grounds of
cruelty with the police in the local police station in the area where you
were abandoned.

ii. Offences committed outside India would be deemed to have been


committed within the territory of India by virtue of Section 188 of the
Cr. P.C. Therefore, you can lodge a complaint for the same in India.

iii. If your husband has abandoned you in a foreign country or harasses


you in any way, you may approach the local police. You may also
immediately contact the following in case of an emergency/to seek
assistance in the foreign country:

 Indian Embassy in the foreign country


 Contact details of the Indian Mission including phone numbers of
‘ officers incharge of Community welfare.
 Employer of the husband
 Local Indian associations and networks of Indian citizens in the
area of the residence of your fiancé
 Friends and relatives in that country

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6. What are the precautions a newly wed Indian woman can take in a foreign
country?

 Try to open a bank account in the country of residence, so that you can
withdraw money in emergency and be financially independent.

 Read and understand the laws of the foreign country and your rights
there, especially against any form of abuse or neglect, including ill-
treatment, domestic violence, how to get residence permit, etc.

 Keep in touch after marriage on phone and e-mail with friends and
relatives in the foreign country.

 Wherever it is possible, learn the language of the country you reside in


after marriage.

7. Does the Ministry of External Affairs provide Legal and Financial


Assistance to Indian Women Deserted by their Overseas Indian-Spouses?

 Yes. The Ministry of External Affairs operates a scheme for giving


legal/financial assistance to Indian women deserted by their overseas
Indian/foreigner husbands through NGOs empanelled and legal
organisations with Embassy / Consulate.

 Such assistance is provided through Embassy / Consulate in the USA,


UK, Canada, Australia, New Zealand, Malaysia, Singapore and the Gulf
countries such as Oman, Bahrain, Kuwait, Qatar, KSA and UAE.

 The amount of assistance provided per case under the scheme to


deserted Indian women is upto USD 3,000 in developed countries and
USD 2,000 in developing countries. Please contact the Welfare Officer or
the Indian Community Officer of the concerned Indian Embassy/
Consulate for further details.

Weblink:
http://mea.gov.in/legal-and-financial-assistance.htm

8. What is the objective of the scheme for Indian Women Deserted by their
Overseas Indian Spouses?

The scheme is a welfare measure to support women of Indian origin who


have been deserted by their overseas Indian spouses fraudulently, through the
Indian Mission abroad with their empanelled NGOs etc.

9. Who is eligible for assistance under the scheme?

The assistance would be available to women who have been deserted by their
overseas Indian spouses or are facing divorce proceedings in a foreign country

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subject to the following conditions:-

i. The woman is an Indian passport holder.


ii. The marriage of the woman was solemnized in India or overseas with
an overseas Indian or a foreigner.
iii. The woman is deserted in India or overseas within 15 years of the
marriage; or
iv. Divorce proceedings are initiated within 15 years of marriage by her
overseas Indian / foreigner husband or
v. An ex-parte divorce has been obtained by the overseas Indian /
foreigner husband within 20 years of marriage and a case for
maintenance and alimony is to be filed by her.
vi. The scheme would not be available to a woman having a criminal
case decided against her, provided that a criminal charge of Parental
Child Abduction shall not be a bar if the custody of the child has not
yet been adjudicated upon.

vii. “Parental Child Abduction” for this purpose will be defined as the
unauthorized custody by the mother, without the other parent’s
agreement and contrary to family law ruling, which largely removes
the child from care, access and contact of the other parent and family
side and shall be deemed to be Parental Child Abduction.

viii. International child abduction occurs when a parent, relative or


acquaintance of a child leaves the country with the child or children in
violation of a custody decree or visitation order. Another situation is
retention of children when they are supposedly taken on vacation to a
foreign country and are not returned.”

ix. A criminal charge of Parental Child Abduction, in the context of this


Scheme, would mean the framing of charge against the mother by
the police authorities consequent on lodging FIR or its equivalent.

x. The domicile of Indian woman seeking relief under the Scheme is not
relevant for allowing the benefit. The woman may be domiciled in the
country of her overseas Indian / foreigner husband or in India at the
time of making the application.

xi. Preference will be given to applicants on the basis of financial need.

xii. Assistance will be provided to meet the legal and other costs, by the
Heads of Indian Missions/Posts overseas directly to the applicant’s
legal counsel empanelled with the concerned Indian Mission/Post, or
through the Indian Community Associations / Women’s organizations
/ NGOs acting on the woman’s behalf in an overseas legal institution.

xiii. The assistance will be limited to US$ 3000 per case for developed
countries and US$ 2000 per case for developing countries and will be

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released to the empanelled legal counsel of the applicant or Indian
Community Association / Women’s organization / NGO concerned to
enable it to take steps to assist the woman in documentation and
preparatory work for filing the case.

10. How are the counseling and legal services provided to Indian woman
deserted by their NRI spouses?

The counseling and legal services are provided through credible Indian
Women's Organizations/Indian Community Associations and NGOs identified for
providing such services and empanelled with the Indian Missions in USA, UK,
Canada, Australia, New Zealand, Malaysia, Singapore & Gulf countries.

11. Is there a form to apply for assistance under the scheme?

A prescribed format is available on the website of MEA


(http://mea.gov.in/legal-and-financial-assistance.htm). The applications for
providing legal aid received by the Indian Missions/Posts would be examined by
an officer designated by the Head of the Mission/Post on case-to-case basis
and approved by Head of Mission/Deputy Chief of the Mission/Post and then
taken up for consideration for providing legal and financial assistance by MEA.

12. What is the procedure to apply for assistance under the scheme?

The applicant seeking legal assistance has to furnish the filled and
signed proforma along with all relevant documents i.e.,

a) photocopy of the marriage certificate; b) photocopy of her Indian


passport; c) declaration of annual income and d) the details of the present status
of the case filed, which after completing can be forwarded either to the
concerned Indian embassy/Mission/Post or to the Overseas Indian Affairs II
Division, Ministry of External Affairs..

The applications for providing legal aid received by the Indian


Missions/Posts would be examined by an officer designated by the Head of the
Mission/Post on case-to-case basis and approved by Head of Mission/Deputy
Chief of the Mission/Post and then taken up for consideration for providing legal
and financial assistance by MEA.

13. Who should I address the application for assistance under MEA’s
Scheme?

The applications should be addressed to the Joint Secretary, Overseas


Indian Affairs-II, Ministry of External Affairs, Akbar Bhavan, Chanakyapuri, New
Delhi.
Telephone No.: 011-24676210 Fax No.: 011-26882431

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Email: [email protected]

14. If there is an alleged incident of cheating, physical assault & false


promises of marriage by foreigner, what actions can be taken against
him?

(i). You can Initiate appropriate legal action in court of competent jurisdiction.
The court can issue summon/notice/ Warrants against alleged person.

(ii). You can apply for legal/financial assistance under MEA’s Scheme, the
scheme would be available to Indian women who have been deserted by their
overseas Indian / foreigner husbands or are facing divorce proceedings in a
foreign country. The assistance under the scheme is available if the
applicant makes her intention clear for litigating the case in a foreign court
of law. As such, the scheme doesn’t provide assistance to cases litigated
within the country.

(iii). Indian women’s organizations/ Indian community associations/NGOs


empanelled with the Indian missions/posts to provide legal/ financial assistance
to Indian women deserted by their overseas Indian / foreigner husbands, which
can assist you.

iv) Details of legal/financial assistance under MEA’s Scheme, and list of


such association/NGO is available on the weblink
http://mea.gov.in/legal-and-financial-assistance.htm#

(iv). You may also contact the Indian Embassy, in the host country.

15. My husband has obtained ex Parte decree for divorce by the foreign court.
What legislative safeguards are available for me in India?

In the case of Smt. Neeraja Saraph versus Shri Jayant Saraph in 1994, the
Supreme Court suggested the need to consider legislation safeguarding the
interests of women. It suggested three specific provisions namely,
i. No marriage between an NRI and an Indian woman which has taken
place in India, can be annulled by a foreign court.

ii. Provision may be made for adequate alimony to the wife in the property
of the husband both in India and abroad.

iii. The decree granted by Indian courts may be made executable in foreign
courts both on the principle of comity and by entering into reciprocal
agreements like section 44A of the civil procedure code which makes a
foreign decree executable as it would have been a decree passed by the
court.

16. a) How can I take recourse to/initiate criminal proceedings against


my husband?

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You can file a criminal case against your husband under the relevant
provisions of the law, under Section 154(1) Cr.P.C.

b) What is section 498A IPC?

Section 498A deals with Husband or relative of husband of a woman subjecting


her to cruelty: and is punishable with imprisonment for a term which may extend
to three years and shall also be liable to fine.

d) What if the police refuse to register FIR?

You may make a written representation to the SHO (Station House


Officer, under Section 154(3) Cr.P.C. If the Police refuses to lodge the
complaint, then you can forward the complaint to the Superintendent of Police of
the concerned District, who, if satisfied that the information discloses the
commission of a cognizable offence, shall either investigate the case himself or
direct an investigation to be made by any police officer, subordinate to him.

e) What if the Superintendent of Police also refuses to take action?

File a Criminal Complaint before the Magistrate under Section


156(3) Cr.P.C. Any Magistrate empowered under section 190, may order
such an investigation on the basis of a criminal complaint filed by the
aggrieved wife.

All offences committed by the husband outside India would be


deemed to have been committed within the territory of India by virtue of
Section 188 of the Cr.P.C.

17. I have filed a complaint under section 498A IPC, but my in-laws have
thrown me out of the house. What should I do?

You can file an application under the ‘Protection of Women under


Domestic Violence Act’ 2005 and Court will grant ORDER of Residence.

By virtue of Section 27 of the Protection of Women from Domestic


Violence Act 2005, an aggrieved person or a Protection Officer or any other
person on behalf of the aggrieved person may present an application to the
Judicial Magistrate seeking relief under the Act, within the local limits of which;
a) the aggrieved person permanently or temporarily resides or carries on
business or is employed; or

b) the respondent resides or carries on business or is employed; or

c) the cause of action has arisen, shall be the competent court to grant a
protection order and other orders under this Act and to try offences under
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this Act.

18. My husband is not attending pending criminal proceedings in India and


Court has issued warrant for the arrest of my husband who is an Indian
Citizen. What should I do?

1. Move application for impounding of his passport. The governing rules


are as below:

 Section 10 of the Passport Act 1967 governs impounding and


revocation of passport. An application can be made to the
concerned Passport Authority for such impounding or revocation in
form of simple request as no prescribed proforma is given under
the Act.

 Relevant part of subsection(3) states that the passport may be


revoked if; the holder of the passport or travel document has, at
any time after the issue of the passport or travel document, been
convicted by a court in India for any offence involving moral
turpitude and sentenced in respect thereof to imprisonment for not
less than two years;

 Subsection(3) (e) states that, if proceedings in respect of an


offence alleged to have been committed by the holder of the
passport or travel document are pending before a criminal court in
India.

 Subsection(3) (h) states that “if it is brought to the notice of the


passport authority that a warrant or summons for the appearance,
or a warrant for the arrest, of the holder of the passport or travel
document has been issued by a court under any law for the time
being in force or if an order prohibiting the departure from India of
the holder of the passport or other travel document has been
made by any such court and the passport authority is satisfied that
a warrant or summons has been so issued or an order has been
so made”.

19. Whom shall I approach for the compliance of the Criminal Judgment/order
passed by the Hon’ble Court?

The Ministry of Home Affairs has issued certain guidelines for service of
summons/notices/judicial processes on persons residing abroad. The
complainant may peruse it in consultation with her lawyer the “MHA guidelines”
(link: http://cbi.nic.in/interpol/mha_circ_service_process.pdf).

The court order shall be addressed to the Under Secretary (Legal), (IS-II),
Ministry of Home Affairs, NDCC-II Building, Jai Singh Road, New Delhi 110001

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20. How can a woman search for location/whereabouts of an NRI husband?

You can contact your family, friends, neighbours etc. or Indian


associations/NGOs etc. in the country where NRI fiancé is resident. The list of
such associations is available on the weblink
http://mea.gov.in/legal-and-financial-assistance.htm#

21. If a husband deserts his wife and children in a foreign country, where they
are residing and marries another women, whom should the aggrieved wife
approach?

First you can contact your family, relatives and friends both in India and foreign
country and seek their help, advice or assistance.

The Indian Mission through their empanelled NGOs, local community welfare
associations can assist in filing a case approaching NGOs, contacting your
family or seeking legal advice.

List of NGOs empanelled with High Commission / Consulate General of India in


foreign countries is on the link

http://mea.gov.in/legal-and-financial-assistance.htm# You may contact them to


seek assistance.

22. What are the specific rights of women against exploitation in the context
of Protection of Women from Domestic Violence Act enacted in 2005)?

 Right against physical/sexual exploitation (498A IPC)


 Right against economic exploitation (S.125 of CrPC)
 Right to compensation against desertion (1994 6 SCC 641).
 Right to keep the children below 5 years under the custody of the mother.
 Right to back matrimonial presents and streedhan.
 Right against dowry.
 Right against cruelty, bodily harassment, torture, etc.
 Right against domestic violence (S.3)

23. What is the procedure for divorce when there is mutual consent?

 No grounds are required to be given if divorce is by mutual consent.


 The husband and wife should remain in the relationship and stay
separately for the preceding one year before giving a joint application.
 The judge will issue a notice after six months intervening period.
 If the couple do not change their mind after six months and still seek
divorce, the same shall be granted to them.

24. What constitutes Domestic Violence and are considered illegal? What acts
constitute mental/emotional abuse, verbal/social abuse and economic
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abuse?

1. Domestic Violence and activities considered illegal


The following acts on the part of the husband constitute domestic violence and
are illegal in most countries and against which the local police of every country
can be approached for protection and help:
 Physical abuse
 Mental and emotional abuse
 Verbal and social abuse
 Sexual abuse
 Economic abuse

2. Instances of mental/emotional abuse


 Blackmailing, coercion, threat, pressure
 Accusing the woman of loose morals
 Humiliating, both in public and private
 Breaking household goods, killing family pets
 Threatening to hit or harm children & close relatives

3. Instances of verbal/social abuse


 Abusing and derogatory name calling
 Maligning in front of peers and friends
 Insulting in front of others
 Abusing her parents, friends & family
 Enforcing isolation, physical confinement, restricting familial contacts,
controlling movements: generally treating badly

4. Instances of economic abuse


 Controlling all family income and limiting access to finances
 Forcing not to take up employment
 Forcing financial dependency
 Not providing sufficient funds for household expenditure
 Accusing of misuse or misappropriation of finances

25. What is the procedure for the service of judicial process including
summons/show-cause notices etc. upon person(s) residing outside the
geographical limits of India?
As per Allocation of Business Rules of the Government of India, service
of judicial process outside India including summons/show-cause notices etc., in
Civil Matters is regulated by reciprocal arrangements as per statutory provisions
in the Civil Procedure Code.

In the absence of such notified arrangements, the question of service of


judicial processes outside India would require to be examined and decided by
the Ministry of Law & Justice (Joint Secretary & Legal Adviser, ”A” Wing, Shastri
Bhawan, New Delhi), in view of the relevant Indian Municipal Laws.

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Similarly, as per the Allocation of Business Rules of the Government of
India, service of judicial process outside India including summons/show-cause
notices etc., in Criminal Matters, the Ministry of Home Affairs (Joint Secretary
(IS-II), NDCC-II Building, Jai Singh Road, New Delhi – 110 001) is the nodal
Ministry and the Central authority for seeking and providing mutual legal
assistance in criminal law matters. The Ministry of Home Affairs receives all kind
of such requests, examines and takes appropriate action.

26. Under what circumstances can a person be deported or extradited with


regard to disputes that arise out of NRI marriages? What is the procedure
to extradite a person from outside India to face trial in India?

A person can only be deported/ extradited, if he is wanted by any Law


Enforcement Agencies in criminal case. Normally, criminality is covered by the
law of that country, where accused is residing and India has extradition
treaty/arrangement with that country.

List of countries is available on the website link


http://cbi.nic.in/interpol/extradition_treaties.php

Note: The Ministry of External Affairs (CPV Division) will take appropriate steps
after receiving a formal request for extradition from the concerned investigating
agency or from the relevant state police authorities.

The process of extradition is invoked and negotiated on the basis of established


International legal principles.

There are Extradition Treaties between India and 38 countries namely;


Australia, Bahrain, Bangladesh, Belarus, Belgium, Bhutan, Bulgaria, Canada,
Chile, Egypt, France, Germany, Hong Kong, Kuwait, Malaysia, Mauritius,
Mexico, Mongolia, Nepal, Netherlands, Oman, Poland, Portugal, Republic of
Korea, Russia, Saudi Arabia, South Africa, Spain, Switzerlan, Tajikistan, Turkey,
Tunisia, United Arab Emirates, United Kingdom, United States of America,
Uzbekistan, Ukraine and Vietnam.

The Ministry of External Affairs (CPV Division) will take appropriate steps
after receiving a formal request for extradition from the concerned investigating
agency or from the relevant state police authorities.

**Extradition of subjects wanted in Criminal Cases registered against them out of


matrimonial/private/family disputes matters is not in conformity to the law of
Extradition. Such offences lack dual criminality criteria which is mandatory for
seeking extradition from the country of location of the subject.

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27. What are the categories of cases in which the investigating agency can
seek recourse to Look-out-Circular and under what circumstances?

You can ask for a recourse to Look-out-Circular (LOC) to be issued by the


investigating agency in cognizable offences under IPC or other penal laws,
when the overseas husband is deliberately evading arrest or not appearing in
the trial court despite NBWs (Non Bailable Warrants) and other coercive
measures and there is a likelihood that he will leave the country to evade trial or
/arrest.

28. What procedure is required to be followed by the investigating agency


before opening a Look-out-Circular?

LOC is a coercive measure to make a person surrender to the investigating


agency or Court of law. The subordinate courts’ jurisdiction in affirming or
cancelling LOC is commensurate with the jurisdiction of cancellation of Non
Bailable Warrant or affirming Non Bailable Warrant.

a) The investigating Officer shall make a written request for Look-out-


Circular to the concerned officer, as notified by the circular of Ministry of Home
Affairs, giving details & reasons for seeking LOC. The competent officer alone
shall give directives for issuing LOC by passing an order in this respect.

b) The request for issue of LOC must invariably be issued with the approval
of an officer not below the rank of:
i. Deputy Secretary to the Government of India; or
ii. Joint Secretary in the State Government; or
iii. District Magistrate of the District concerned; or
iv. Superintendent of Police(SP) of the District Concerned; or
v. SP in CBI or an officer of equivalent level working in CBI; or
vi. Zonal Director in Narcotics Control Bureau(NCB) or an officer of
equivalent level (including Assistant Director (Ops.) in Headquarters of
NCB); or
vii. Deputy Commissioner or an officer of equivalent level in the Directorate
of Revenue Intelligence or Central Board of Direct Taxes or Central
Board of Excise and Customs; or
viii. Assistant Director of IB/BoI; or
ix. Deputy Secretary of R&AW;or
x. An officer not below the level of Superintendent of Police in National
Investigating Agency;or
xi. Assistant Director of Enforcement Directorate;or
xii. Protector of Emigrants in the office of the Protectorate of Emigrants or an

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officer not below the rank of Deputy Secretary of the Government of
India; or
xiii. Designated officer of Interpol

c) Look-out-Circulars are also issued as per directions issued by any


Criminal Court in India.

29. What are different types of notices such as


Red Notice, Yellow Notice,Blue Notice, Black Notice, Green Notice, Orange
Notice, INTERPOL-United Nations Security Council Special Notice and
Purple Notice ?

i. Red Notice- To seek the location and arrest of wanted persons with a view
to consider extradition or similar lawful action.
ii. Yellow Notice- To help locate missing persons, often minors or to help
identify persons who are unable to identify themselves
iii. Blue Notice- To collect additional information about a person’s identity
location or activities in relation to a crime.
iv. Black Notice- To seek information on unidentified bodies.
v. Green Notice- To provide warnings and intelligence about persons who
have committed criminal offences and are likely to repeat these crimes in
other countries.
vi. Orange Notice- To warn of an event, a person, an object or a process
representing a serious and imminent threat to public safety;
vii. INTERPOL-United Nations Security Council Special Notice— Issued for
groups and individuals, who are the targets of UN Security Council
Sanctions Committees.
viii. Purple Notice – To seek or provide information on modus operandi,
objects, devices and concealment methods used by criminals.

30. Can I approach National Commission for Women (NCW)?

Yes, the National Commission for Women in New Delhi can be approached to
seek help. NCW is the nodal authority and the apex national level organization
of India with the mandate of protecting and promoting the interests of women.

 Based on the recommendation of the Parliamentary Committee on


Empowerment of Woman (14th Lok Sabha) on the subject “Plight of Indian
Women deserted by NRI husbands”, National Commission for Women was
nominated as the Coordinating agency at the National level for dealing with
issues pertaining to NRI marriages. In furtherance to this, NRI Cell was
formally inaugurated in NCW on 24th of September, 2009 to deal with such
complaints.

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 Contact Details:
NRI Cell- National Commission for Women
4, Deen Dayal Upadhya Marg
New Delhi-110002
Telephone Number: +91-11-23234918
Fax: +91-11-23236154/6988
Email: [email protected]

 NCW enables such women victims to make their complaints from any corner
of the world. Depending upon the nature of the complaint, NRI cell may take
the following actions to address the grievances of the affected women:

a. Notices/Summons are issued to the opposite party/parties/concerned


authorities calling upon them, to furnish their reply on the complaint
received or to appear in NCW and respond to the complaint.
b. Complaints are forwarded to the police authorities for action taken
reports, where any matter is pending for investigation or any failure on
their part to take appropriate action.
c. Complaints are forwarded to Indian Embassies abroad for desired action
at their end
d. Complaints are forwarded to Ministry of External Affairs, Ministry of Home
Affairs and Ministry of Law and Justice for expediting the service of
summons, warrants issued or any orders passed by the appropriate
courts of law.
e. Complaints are forwarded to the Passport Authorities for matter relating
to Passports.
f. If necessary, complaints can be forwarded to the employers of the
respondent husband to take necessary action against him.

31. I am living in Australia. Is there any institution which I can approach for
assistance?

Yes, you may approach the Department of Social Services, Government of


Australia and the local police for assistance.
 In Australia, domestic and family violence are crimes against the law. A
person who commits these crimes can go to jail, whether they are a man or a
woman.
 If you or someone you know is in danger call the police on 000. Police in
Australia are safe and can be trusted.
 For free, confidential advice and support call 1800 RESPECT on 1800 737
732. 1800 RESPECT is Australia’s National Sexual Assault, Family and
Domestic Violence Counselling service. It provides free, confidential
telephone and online counselling and information. Counsellors will listen to
you, answer questions and can refer you to other support services in your

15
local area. If you need a free interpreter call 131 450.
 Domestic and family violence includes behaviour or threats that aim to
control a male or female partner by causing fear or threatening their safety.
Domestic and family violence can include:
o hitting
o choking
o denying essential money to the partner or family
o isolating the partner from friends and family
o insulting or constantly criticizing the partner
o threatening children or pets

16
FAQs: Legal and other provisions in foreign countries
on Indian women cheated/abandoned/abused by
Overseas Indian Spouses*
*Data has been compiled on the basis of
information received from Indian Embassies in Feb-March 2016

INDEX

1. UNITED ARAB EMIRATES


2. BAHRAIN
3. KUWAIT
4. GERMANY
5. UNITED KINGDOM
6. UNITED STATES OF AMERICA
7. AUSTRALIA
8. NEW ZEALAND
9. CANADA

17
1. UNITED ARAB EMIRATES

S.No. Problems faced by Indian women Current Legal and other


married to Overseas Indians provisions in the foreign
country
1 Mechanisms to verify background of No mechanism is available in UAE
PIO/NRI in foreign country prior to
marriage-education, job, salary, marital
status, etc.
2 Unregistered marriage of Indian women Usually court often admits the
with Overseas Indian spouse (only social affidavit in place of marriage
marriage) certificate
3 Dowry demanded by spouse/parents-in-law No particular law like dowry
who are living abroad prohibition in India is available
4 Overseas Indian hides the fact that he is No such legal provision available
already married in the foreign country
5 Finding out location or whereabouts of No such legal provision available
husband in foreign country
6 Disappearance of spouse/Abandonment of No such legal provision available
Indian women by overseas Indian
husbands (NRI/PIO/foreign spouse)
7 Providing shelter to abandoned No such provision by local
woman/children abandonment by overseas government is available. However,
Indian Embassy/Consulate Shelter centre is
available in Dubai with limited space.
8 Grant of permanent residency to Indian It is at the discretion of the spouse.
women/children abandoned by Overseas
Indian spouse in India
9 Property Rights for aggrieved Indian wife in If the property is in UAE , the courts
property of Overseas Indian spouse in may accept civil claim but there
foreign country should be proof of contribution by
wife. This will also strengthen the
maintenance/alimony plea of wife
10 Abuse/Domestic violence/Ill-treatment of Yes, police and prosecution take
wife by the NRI/PIO husband cognizance of offence. The matter is
decided by Family prosecution under
Article 53 of the UAE Penal Law .
11 Child abduction/Charges on wife by Rarely seen in UAE. No legal
overseas Indian husband provision available for such cases.

18
12 Child Custody sought by Indian woman Court usually gives the physical
when children, spouse are based abroad custody to mother if the child is
minor. The custody of girl below 13
years and boy below 8 years are with
Mother

13 Ex parte decree/divorce in foreign country This can be challenged if provided


with solid proof to prove in absentia
14 How much money is required to file a case An amount of Rs 4,000/- (approx.)
in such matters may be considered for legal aid and
filing of a case in such matters as the
legal fee in UAE is very high.
15 Look out circular of Overseas Indians sent Summons can be served through the
by GOI to foreign government Mission
16 Legal assistance by foreign government to Counseling by Sharia Family Section
the aggrieved woman to file case against of UAE Courts is free.
overseas Indian
17 Foreign government/court recognising the Indian courts judgments are
jurisdiction of Indian courts recognized by UAE courts
18 Serving summons/arrest warrants order by Served through the Indian mission
Indian court on Overseas Indian spouse and UAE courts (UAE India
who lives abroad Agreement, 1999)
19 Extension of Visa of aggrieved Indian wife It depends on spouse if he is a
(as dependent) of overseas Indian spouse sponsor.
even after she is abandoned in India/ill-
treated by spouse
20 Payment of Maintenance for Indian wife by Provisions of Indian law could be
Overseas Indian spouse invoked based on which courts are
giving maintenance

19
2. BAHRAIN

S.No Problems faced by Indian women Current Legal and other


married to Overseas Indians provisions in the foreign
country

1 Mechanism to verify background of There is no mechanism put up by


PIO/NRI in foreign country prior to Bahrain to verify the background of
marriage-education, job, salary, marital PIO/NRI prior to their marriage.
status etc.

2 Unregistered marriage of Indian women No such case has been reported to


with Overseas Indian spouse (only social this Embassy
marriage)

3 Dowry demanded by spouse/ parent-in-law Bahraini legal system has no


who are living abroad provision for the dowry demand.
There is only ‘Mehr’ system which is
dealt with in accordance with Shariat
law

4 Overseas Indian hides the fact that he is No cases have been reported in the
already married in the foreign country Embassy of this nature, till date

5 Finding out location or whereabouts of Assistance of Ministry of Foreign


husband in foreign country Affairs and the Immigration
authorities of Bahrain are sought
whenever any such request received
from the spouse/family members
from India.

6 Disappearance of spouse/ Abandonment of No cases have been reported in the


Indian women by overseas Indian husbands Embassy of this nature, till date
(NRI/PIO/foreign spouse)

7 Providing shelter to abandoned women/ Government of Bahrain has opened a


children abandonment by overseas India shelter where such cases are referred

20
for redressal. The centre is equipped
with all amenities. In addition the
Migrant Worker Protection Society
(MWPS), an NGO, also runs a shelter
for women in distress.

8 Grant of permanent residency to Indian There is no provision in Bahrain to


women/ children abandoned by overseas provide permanent residency of
Indian spouse in India foreign woman/children abandoned
by their spouses. The spouse/children
generally come on the dependent visa
which is co-terminous with the
employment contract of the
husband/father. They can stay in
Bahrain only up to the period of
contract of husband/father and
required to go back unless visa is
renewed/or sponsored by the
old/new employer.

9 Property Rights for aggrieved Indian wife in As per the local laws the property is
property of overseas Indian spouse in passed on from father to children
foreign country directly and there are no provisions
for Indian wife to inherit property of
deceased husband.

10 Abuse/ Domestic violence/ Ill treatment of A few cases have been reported and
wife by the NRI/PIO husband legal aids were provided through local
empanelled lawyers of the Embassy

11 Child abduction/ Charge on wife by overseas No cases have been reported in the
Indian husband Embassy of this nature, till date

12 Child Custody sought by Indian woman No cases have been reported in the
when children, spouse are based abroad Embassy of this nature, till date

13 Ex parte decree/ divorce in foreign country The local Courts normally gives three
chances to the accused to put forward
his case. In case one of the parties to
the case does not appear
consecutively for three times, the
Court can give ex parte
decision/decree depending upon the
nature of the case. However, no such

21
case has been reported/come to the
notice of Mission.

14 How much money is required to file a case The lawyer fees ranges from BD 1000
in such matters to 2000/- for the case i.e US $2,700/-
to US $5,400/- depending upon the
nature of the case and the standing of
the lawyer hired to handle the case
may be considered. Minimum
amount of US $3,000/- should be
taken into account to hire a lawyer of
appropriate standing to present the
case.

15 Look out circular of Overseas Indians sent Efforts are made to serve these
by GOI to foreign government notices to the person concerned
through local Foreign Office/Ministry
of Justice and Islamic Affairs

16 Legal assistance by foreign government to There are no such provisions in


the aggrieved woman to file case against Bahrain for Indian Woman
overseas Indian

17 Foreign government/ court recognizing the Three treaties have been signed
jurisdiction of Indian courts between the two governments in the
area of judicial co-operation:

i. “Mutual Legal Assistance in


Criminal matters”

ii. “Judicial and Judicial Co-operation


in Civil and Commercial matters”

iii. “Extradition Treaty”

18 Serving summons/ arrest warrants order by Summons/Arrest warrants received


Indian court on Overseas Indian spouse who from Indian Courts are served by the
lives abroad Embassy through the Ministry of
Foreign Affairs/Ministry of Justice of
Bahrain. Indian and Bahrain has
signed an agreement on “Mutual
Legal Assistance in Criminal
matters”, “Judicial and Judicial Co-

22
operation in Civil and Commercial
matters” and “Extradition Treaty” in
2004. Co-operation of local
government is sought under the
provisions of the treaties signed with
Bahrain.

19 Extension of Visa of aggrieved Indian wife Local Government has no provision of


(as dependent) of overseas Indian spouse extension of dependent visa of
even after she is abandoned in India/ ill dependent wife/children in case
treated by spouse spouse deserts them or divorces the
wife.

20 Payment of Maintenance for Indian wife by Bahraini system has provision of


Overseas Indian spouse providing maintenance charges in
respect of the children only up to the
age of 18 years. No provision,
however, exists for the spouses
divorced by their husbands.

23
3. KUWAIT

S.No Problems faced by Indian women Current Legal and other


married to Overseas Indians provisions in the foreign
country

1 Mechanism to verify background of Specific requests could be verified on


PIO/NRI in foreign country prior to the basis of available records
marriage-education, job, salary, marital submitted by the individual.
status etc.

2 Unregistered marriage of Indian women Local authorities do not entertain for


with Overseas Indian spouse (only social issuance of visa in case documents
marriage) viz. marriage certificate/ relationship
certificate are not attested by the
Embassy.

3 Dowry demanded by spouse/ parent-in-law Such cases are redressed in Indian


who are living abroad Court.

4 Overseas Indian hides the fact that he is Such cases are verified and redressed
already married in the foreign country in Indian Court through legal
proceedings

5 Finding out location or whereabouts of The Embassy requests the local


husband in foreign country Kuwaiti authorities for whereabouts
on the basis of details viz. passport
number, Civil ID, details of sponsors
etc. provided by the petitioner.

6 Disappearance of spouse/ Abandonment of -do-


Indian women by overseas Indian husbands

24
(NRI/PIO/foreign spouse)

7 Providing shelter to abandoned women/ The Embassy has a shelter for female
children abandonment by overseas India domestic workers. There is a shelter
run by local authorities for
absconding maid in the host country
for those holding Domestic Worker
(No.20) visa. No shelter available for
those under ‘family’ visa.

8 Grant of permanent residency to Indian Kuwaiti Residency Rule does not


women/ children abandoned by overseas provide permanent residency in case
Indian spouse in India spouse does not come to put
residency. However, the local
authorities ensure that the residency
should be endorsed in case not legally
separated. Suitable action is taken
against spouse for any failure.
Transfer of visa under article 22
(family) is allowed to labour visa
under article 18, subjected to
fulfillment of Residency Rules.

9 Property Rights for aggrieved Indian wife in N.A.


property of overseas Indian spouse in
foreign country

10 Abuse/ Domestic violence/ Ill treatment of The victim may approach local police
wife by the NRI/PIO husband station for action as per local law.

11 Child abduction/ Charge on wife by overseas Action depends as per appropriate


Indian husband Court order in this regard.

12 Child Custody sought by Indian woman Local authorities are approached

25
when children, spouse are based abroad based on the decision of Indian Court.

13 Ex parte decree/ divorce in foreign country Could be taken up in local court

14 How much money is required to file a case It may vary from KD 800 (USD
in such matters 2,400) to KD2000 (USD 6,000) or
even more. Legal fees are exorbitantly
high in Kuwait. Embassy’s panel
lawyers can be asked to take up case
at lower legal fees in few deserving
cases.

15 Look out circular of Overseas Indians sent The concerned authority takes action
by GOI to foreign government under intimation to Ministry of
Foreign Affairs.

16 Legal assistance by foreign government to No such provisions for expatriate


the aggrieved woman to file case against learnt to be available in Kuwait.
overseas Indian

17 Foreign government/ court recognizing the Yes


jurisdiction of Indian courts

18 Serving summons/ arrest warrants order by The Respondent is informed to visit


Indian court on Overseas Indian spouse who Embassy to collect summons/ notice
lives abroad served upon him. However, for arrest
warrant etc. the local authorities are
requested to take appropriate action.

19 Extension of Visa of aggrieved Indian wife Extension of visa is granted for cases
(as dependent) of overseas Indian spouse pending in local court.
even after she is abandoned in India/ ill
treated by spouse

26
20 Payment of Maintenance for Indian wife by Depends upon the Court order of the
Overseas Indian spouse local court.

27
4. GERMANY

S.No Problems faced by Indian women Current Legal and other


married to Overseas Indians provisions in the foreign
country

1 Mechanism to verify background of PIO/NRI Registration by the NRIs at the


in foreign country prior to marriage- Indian Embassy/Consulate is
education, job, salary, marital status etc. voluntary and the Mission does not
have any comprehensive list of NRIs
under its jurisdiction as all NRIs do
not register.
Even those who have registered
do not provide full personal details
like salary etc. The German
authorities refuse to divulge such
information even to the Embassy as
Germany has very strict data
protection laws. Thus, it is difficult
to get background checks on
individuals.

2 Unregistered marriage of Indian women with German authorities do not deem


Overseas Indian spouse (only social any marriage as legally valid unless
marriage) it is registered under the civil law in
Germany or India. NRI whose
marriage is not registered cannot
bring the spouse to Germany. If
after the so-called "Social marriage"
the husband goes abroad and the
wife remains in India, it is seen as a
personal matter between the two

28
persons/families.

3 Dowry demanded by spouse/ parent-in-law The Mission will not come to know
who are living abroad about such demands unless the
person/family affected makes a
complaint. This matter may be dealt
with by the person concerned in
India as per relevant provisions of
the law.

4 Overseas Indian hides the fact that he is Legal system is strong in Germany if
already married in the foreign country bigamy is proved. Moreover, before
marriage, the prospective
spouse/family in India can insist on
a registration certificate of the NRI
and a marriage eligibility certificate
issued by the local authority where
he/she is registered.

5 Finding out location or whereabouts of This is a legal matter. An official


husband in foreign country request has to be made through the
Court in India to the German
government.

6 Disappearance of spouse/ Abandonment of A strong legal system exists in case


Indian women by overseas Indian husbands of disappearance or abandonment.
(NRI/PIO/foreign spouse) An official request has to be made
through the Court in India to the
German government.

7 Providing shelter to abandoned women/ There are a number of German


children abandonment by overseas India NGOs which give advice, and in
exceptional cases provide even
shelter/material assistance. Some
local German authorities have also
such offices, which one can be
approached.

8 Grant of permanent residency to Indian Residence permit is granted by the


women/ children abandoned by overseas German local authorities based on
Indian spouse in India the existing rules and administrative
instructions. Each individual case
varies and the local authorities take
a decision based on the merit of

29
each case.

9 Property Rights for aggrieved Indian wife in This is a legal matter, which has to
property of overseas Indian spouse in foreign be settled through legal process.
country

10 Abuse/ Domestic violence/ Ill treatment of See No.8. In case or assault, Police
wife by the NRI/PIO husband can take necessary legal action on
basis of the complaint.

11. Child abduction/ Charge on wife by overseas Matter needs to be settled through
Indian husband legal process.

12. Child Custody sought by Indian woman when Matter needs to be settled through
children, spouse are based abroad legal process.

13 Ex parte decree/ divorce in foreign country Ex parte decree/divorce takes place


only when the spouse in India does
not respond to Court summons

14 How much money is required to file a case in It is difficult to assess the legal
such matters costs. It varies depending on the
fees of the lawyer, which vary, the
number of sessions and the length of
time spent in settlement of the case.
For legal aid and filing a case, an
amount ranging between Euro
3000/- to Euro 5000/- may be
considered.

15 Look out circular of Overseas Indians sent by This is shared with relevant local
GOI to foreign government authorities for further action at their
end. Police are approached to trace
missing persons.

16 Legal assistance by foreign government to the No such facility is known to be


aggrieved woman to file case against overseas available. Such cases are usually
Indian handled by private family lawyers or
NGOs.

17 Foreign government/ court recognizing the It is a matter of bilateral agreement


jurisdiction of Indian courts on legal affairs. LRs are accepted by

30
Germany.

18 Serving summons/ arrest warrants order by It is a matter of bilateral agreement


Indian court on Overseas Indian spouse who on legal affairs.
lives abroad

19 Extension of Visa of aggrieved Indian wife (as See No.9. Local Government
dependent) of overseas Indian spouse even handles such cases as per merits,
after she is abandoned in India/ ill treated by with no clear guidelines.
spouse

20 Payment of Maintenance for Indian wife by This needs to be settled through


Overseas Indian spouse legal process. Sound policing and
legal infrastructure exists to handle
such cases effectively.

31
5. UNITED KINGDOM
S.No. Problems faced by Indian women Current Legal and other
married to Overseas Indians provisions in the foreign
country
1 Mechanisms to verify background of N/A- Families have to carry out
PIO/NRI in foreign country prior to their own enquiries - can hire
marriage-education, job, salary, marital private investigators.
status, etc.
2 Unregistered marriage of Indian women If marriage was conducted in India
with Overseas Indian spouse (only social according to Indian Laws, then will
marriage) be considered a valid marriage here.
But if a religious marriage was
conducted in England and a civil
marriage does not take place, then
strictly not a valid marriage.
3 Dowry demanded by spouse/parents-in-law Deal with under Indian law, but if
who are living abroad there is force used or blackmail or
domestic abuse that can become a
criminal matter
4 Overseas Indian hides the fact that he is Marriage will be invalid and may
already married in the foreign country have committed criminal offence of
bigamy
5 Finding out location or whereabouts of Private Investigator if husband and
husband in foreign country his family do not co operate.
Mission cannot help due to Data
Protection Act prevails in UK
6 Disappearance of spouse/Abandonment of Depends on the period of stay and
Indian women by overseas Indian husbands type of visa, can seek legal help
(NRI/PIO/foreign spouse) either through domestic violence
legislation.
7 Providing shelter to abandoned Depends how long they are here, can
woman/children abandonment by overseas get Refuge accommodation if there
Indian is domestic violence, but Refuges
depend on rental income and if the
spouse has no money or is not
eligible for state funds and can be
problematic
8 Grant of permanent residency to Indian Each case and its circumstances
women/children abandoned by Overseas assessed individually
Indian spouse in India
9 Property Rights for aggrieved Indian wife in Depends on length of marriage,
property of Overseas Indian spouse in assets available with the spouse,
foreign country various criteria’s is used by the court
to assess , can become a lengthy and
32
complex matter
10 Abuse/Domestic violence/Ill-treatment of Police reporting, remedies available
wife by the NRI/PIO husband like injunctions and occupation
orders
11 Child abduction/Charges on wife by Complex as India has not acceded to
overseas Indian husband the Hague Convention on the Civil
Aspects of International Child
Abduction. But the Courts in India
have the jurisdiction to deal with
disputes of children’s custody if a
non-resident parent enforces a
judgment of English Courts there.
12 Child Custody sought by Indian woman Can start proceedings in India and
when children, spouse are based abroad have it enforced here, but again
complicated as need specialist
advice as varies to case to case.
13 Ex parte decree/divorce in foreign country Have to look at the circumstances
and if both parties aware of
proceedings then valid divorce.
Again need to look at the documents
and dealt with separately.
14 How much money is required to file a case Depends on complexity of case and
in such matters if court proceedings are issued they
have to pay court fees, may require
Barristers , additional fees, experts,
etc.
15 Look out circular of Overseas Indians sent Mission approaches the Home
by GOI to foreign government Office in UK as and when Look out
circular are received from the
issuing authorities i.e. MHA/Min of
Law
16 Legal assistance by foreign government to Initial helps but if there are
the aggrieved woman to file case against complications especially in
overseas Indian children’s matters and financial
matters that require court
proceedings, expenses can escalate.
17 Foreign government/court recognising the Indian judgements can be registered
jurisdiction of Indian courts and enforced under the Foreign
Judgments (Reciprocal
Enforcement)Act 1933
18 Serving summons/arrest warrants order by Mission approaches the Home
Indian court on Overseas Indian spouse Office/Royal Court of Justice as and
who lives abroad when Summon are received from
the issuing authorities i.e.
MHA/Min of Law.
19 Extension of Visa of aggrieved Indian wife Depends on case, how long here and
(as dependent) of overseas Indian spouse if husband is a British Citizen
even after she is abandoned in India/ill-

33
treated by spouse
20 Payment of Maintenance for Indian wife by If husband does not agree to pay,
Overseas Indian spouse can issue financial proceedings.

6. UNITED STATES OF AMERICA

S. Problems faced by Indian women Current Legal and other


No. married to Overseas Indians provisions in the foreign
country
1 Mechanisms to verify background of Informed candidates can get the
PIO/NRI in foreign country prior to information through open source
marriage-education, job, salary, marital available on Internet. However,
status, etc. there is no mechanism to verify
such details in USA due to privacy
law.
2 Unregistered marriage of Indian women with In USA, marriages are always
Overseas Indian spouse (only social registered. Hence, the consulate
marriage) has not come across any social
marriages.
3 Dowry demanded by spouse/parents-in-law Dowry demand is totally
who are living abroad prohibited in USA.
4 Overseas Indian hides the fact that he is Suppressing of facts hidden is
already married in the foreign country serious offence. One can legally
challenge the case.
5 Finding out location or whereabouts of Privacy act of the country does not
husband in foreign country allow them to share the
information; However legal course
can be perused to find the details
through the court. Information can
also be ascertained through his/her
employer or from foreign
government immigration etc.
6 Disappearance of spouse/Abandonment of Once we receive complaint about
Indian women by overseas Indian husbands missing/ abandoned spouse we try
(NRI/PIO/foreign spouse) to help them through our
empanelled NGO’s and local
Indian communities support. An
NGO-ASHA can be contacted for
legal and financial assistance.

34
7 Providing shelter to abandoned Same as point 7. Along with this,
woman/children abandonment by overseas there are some other organizations
Indian located in USA who provide shelter
for women without consideration
of race, immigration status and
nationality. Alist of such
organizations in California can be
found at www.cpedv.org. a list of
organizations in USA can be seen
at http://www.thehotline.org/
8 Grant of permanent residency to Indian Permanent residency is provided to
women/children abandoned by Overseas the Indian women/ children if the
Indian spouse in India spouse is a USA citizen or
permanent residence. Govt. of USA
is very supportive to the victims of
domestic Violence. Other than this,
(according to an NGO-‘Maitri’)
there are few visa categories that
individuals undergoing domestic
violence may be eligible for:
Removal of Conditions on
Permanent Residency
Residency option for battered
spouses of US citizens or
permanent residents (VAWA Self
Petition)
U visa for victims of crimes
(Applicable in crimes in the US)
Trafficking visa for Spouses in
limited cases
9 Property Rights for aggrieved Indian wife in Aggrieved Indian wife has the
property of Overseas Indian spouse in foreign claim to the husband’s property in
country USA provided they are married for
more than 3 years, with a child
from the same marriage and wife is
unable to work or earn livelihood
due to physical/educational
deficiency. Moreover, as per
‘Maitri’, for any family law case
(Protective Order, divorce,
separation etc), there is an option
for asking for alimony depending
on the circumstances and property
rights in few cases. The Wife may
not need to be present if she hires
an attorney to work with her.
10 Abuse/Domestic violence/Ill-treatment of The Govt of USA provides
wife by the NRI/PIO husband legal/financial unemployment
benefits to the victims provided the

35
husband is a USA citizen or
permanent residence. Moreover,
an NGO-ASHA for women can be
contacted for legal and financial
assistance.
11 Child abduction/Charges on wife by overseas As any child that is born in USA is
Indian husband a citizen of USA. If parent take
their child/children to India
without notifying the other parent
illegally the law and justice system
takes a serious note about it.
Accordingly judgment is delivered.
The US State Department has 2
employees dedicated for South
Asian cases of Abduction out of
which one full time and a part time
employee deal with Indian cases.
12 Child Custody sought by Indian woman when Same as point 12.
children, spouse are based abroad
13 Ex parte decree/divorce in foreign country Divorce either mutual or in
absence of the Indian spouse in the
country is possible through legal
means or with help of NGOs.
14 How much money is required to file a case in The legal costs may vary from case
such matters to case and can range from $10 to
$50, 000. Legal fees are very high
and mostly hourly basis in USA.
15 Look out circular of Overseas Indians sent by Execution may be facilitated
GOI to foreign government through Mutual Legal Assistance
Treaty (MLAT)
16 Legal assistance by foreign government to the It is possible to seek the legal
aggrieved woman to file case against overseas assistance from the foreign
Indian government provided the spouse is
a USA citizen/permanent
residence.
17 Foreign government/court recognising the All legal issues are dealt under the
jurisdiction of Indian courts arrangement of Mutual Legal
Assistance Treaty (MLAT)
18 Serving summons/arrest warrants order by Summons/ arrest warrants are
Indian court on Overseas Indian spouse who sent to the accused through regular
lives abroad post by this consulate. US state
department discourages us to send
these through them.
19 Extension of Visa of aggrieved Indian wife (as Yes, but it is done on case to case
dependent) of overseas Indian spouse even basis.
after she is abandoned in India/ill-treated by
spouse
20 Payment of Maintenance for Indian wife by The USA courts pass order to

36
Overseas Indian spouse provide maintenance to the spouse
and the amount depends on
several criteria.

7. AUSTRALIA

S.No. Problems faced by Indian women Current Legal and other


married to Overseas Indians provisions in the foreign
country
1 Mechanisms to verify background of This is not possible in Australia as
PIO/NRI in foreign country prior to authorities /employers would not
marriage-education, job, salary, marital share the personal details of
status, etc. PIO/NRI because of strict privacy
laws.
2 Unregistered marriage of Indian women All marriages are registered in
with Overseas Indian spouse (only social Australia. There can be some rare
marriage) case where social marriages were
not registered. Consulate is,
however, not aware of such cases.
3 Dowry demanded by spouse/parents-in-law Dowry demand is done by parent in
who are living abroad law in India.
4 Overseas Indian hides the fact that he is This is true but authorities do not
already married in the foreign country share personal details about
person’s marital status because of
strict privacy laws of Australia.
Finding out location or whereabouts of Because of privacy laws, police do
5 husband in foreign country not entertain request to locate
person’s whereabouts.
6 Disappearance of spouse/Abandonment of Such incidents do happen.
Indian women by overseas Indian husbands
(NRI/PIO/foreign spouse)
7 Providing shelter to abandoned Local authorities have arrangement
woman/children abandonment by overseas of shelter and support to women
Indian subjected to domestic violence due
to marital discord.
8 Grant of permanent residency to Indian Indian women on spouse visa (only
women/children abandoned by Overseas ) in Australia or India abandoned by
Indian spouse in India overseas husband can seek
permanent residency.
9 Property Rights for aggrieved Indian wife in Indian women on spouse visa (only )
property of Overseas Indian spouse in in Australia or India abandoned by
foreign country overseas husband can seek property
rights

37
10 Abuse/Domestic violence/Ill-treatment of Such incidents do happen.
wife by the NRI/PIO husband
11 Child abduction/Charges on wife by Such incidents have not come to our
overseas Indian husband notice.
12 Child Custody sought by Indian woman Such incidents have not come to our
when children, spouse are based abroad notice.
13 Ex parte decree/divorce in foreign country Such incidents have not come to
notice as court/authorities do not
share such data.
How much money is required to file a case In order to file divorce a court fee of
14 in such matters A$ 925 is paid. However, lawyer’s
fee varies from lawyer to lawyer,
which is quite substantial [approx.
A$ 5000 to A$ 10000]
Australia being a high-cost economy,
the legal cost is enormous here.
Thus, approx A$ 10000/- plus may
be considered for such matters
15 Look out circular of Overseas Indians sent No such circular has been received
by GOI to foreign government yet.
16 Legal assistance by foreign government to Local authorities have arrangement
the aggrieved woman to file case against of shelter and support including
overseas Indian legal support to women subjected to
domestic violence due to marital
discord provided she is on spouse
visa or a permanent resident or an
Australian citizen.
17 Foreign government/court recognising the Foreign court decree is recognized
jurisdiction of Indian courts from case to case basis.
18 Serving summons/arrest warrants order by Under Mutual Legal Assistance
Indian court on Overseas Indian spouse Treaty, Department of Justice of
who lives abroad Australia serves the summons to
NRIs.
19 Extension of Visa of aggrieved Indian wife If foreign women are on spouse
(as dependent) of overseas Indian spouse visa, her visa can be extended.
even after she is abandoned in India/ill-
treated by spouse
20 Payment of Maintenance for Indian wife by Court awards maintenance to wives
Overseas Indian spouse on the basis of husband’s income
and scrutiny of her financial
requirement including children, if
any.

38
8. NEW ZEALAND

S.No. Problems faced by Indian women Current Legal and other


married to Overseas Indians provisions in the foreign
country (New Zealand)
1 Mechanisms to verify background of One particular mechanism to verify
PIO/NRI in foreign country prior to ones background is to refer to their
marriage-education, job, salary, marital passport copy which states the
status, etc. nationality of a person. This will be
relevant only for people who are
Residents of the country not
citizens. There is no legal document
that is available to the general public
that displays the background of a
PIO/NRI.
2 Unregistered marriage of Indian women New Zealand recognizes the
with Overseas Indian spouse (only social relationship of a de-facto partner. So
marriage) a social marriage or a partnership
(that has a genuine, stable and
ongoing relationship) is recognized
as a marriage. Overseas recognized
or registered marriages are
recognized in New Zealand.
3 Dowry demanded by spouse/parents-in-law There is no specific provision on
who are living abroad dowry law in NZ
4 Overseas Indian hides the fact that he is Legally per the Crimes Act 1961
already married in the foreign country (New Zealand), a person cannot
marry in New Zealand if they are
already married. Polygamy is a
crime in NZ. However if a married
person marries someone in another
country (such as India in this
scenario) the laws of that country
will prevail.
5 Finding out location or whereabouts of The location of a person is not
husband in foreign country provided by NZ authorities without
the consent of the individual due to
privacy issues.
6 Disappearance of spouse/Abandonment of An adult cannot be forced to live
Indian women by overseas Indian husbands with another adult in New Zealand.
(NRI/PIO/foreign spouse) The next of kin or friends may be
able to assist. Complaints may be
lodged with the police, if there has

39
been a fraud or deception. However,
enforcement may be difficult.
7 Providing shelter to abandoned There are charitable organisations in
woman/children abandonment by overseas NZ that provide shelter to
Indian abused/abandoned women. One
such organisation is called Shakti
New Zealand.
8 Grant of permanent residency to Indian This is only possible if the
women/children abandoned by Overseas abandoned women and children are
Indian spouse in India granted a refugee status. The Police
may issue a support letter to assist
with a visa or residence. However,
this is on a case to case basis as
there have been instances where this
provision has been misused.
9 Property Rights for aggrieved Indian wife in An eligible partner may apply to the
property of Overseas Indian spouse in Family Court. There are a number of
foreign country factors that the Court will look at
including the length of relationship.
Per the property law of New
Zealand, if you’ve been married, in a
civil union or lived together for 3
years or more, any property that
both partners own will be equally
divided.
10 Abuse/Domestic violence/Ill-treatment of New Zealand has strong domestic
wife by the NRI/PIO husband violence laws. Physical, sexual,
psychological or financial abuse is
considered part of domestic
violence. One may obtain Police
safety orders, or protection orders.
11 Child abduction/Charges on wife by One may apply for the care of
overseas Indian husband children and custody of the child to
the Family Court. It will be treated
as abduction only if it is against the
orders passed by the Court or if a
child is being taken out of the
country without the consent of the
other guardian/parent.
12 Child Custody sought by Indian woman As above. The best interests of the
when children, spouse are based abroad child are taken into account by the
Family Court while weighing the
factors such as abusive parent or
unhealthy environment, other
commitments and obligations of the
parent, finances, health etc.
13 Ex parte decree/divorce in foreign country Ex parte orders can be obtained if all
steps laid down by the Court, for

40
service of the other party, are
followed and exhausted and the
Court allows to proceed by ex parte
proceedings.
14 How much money is required to file a case The legal costs depend on a case-to-
in such matters case basis. Legal costs are very high
in NZ and no exact amount can be
provided. An amount of $2000/- to
$3,000/- may be useful for initial
assistance. However, the amount of
total assistance required will depend
upon each case and its complexity –
domestic violence, separation,
divorce, custody of children,
property relationships etc. Each case
has to be dealt with separately.
15 Look out circular of Overseas Indians sent Mission may have to seek the
by GOI to foreign government assistance of local authorities.
However, NZ authorities do not
reveal the whereabouts of any
person owing to strict privacy laws
16 Legal assistance by foreign government to New Zealand has legal aid
the aggrieved woman to file case against provisions for eligible persons.
overseas Indian Domestic violence cases are taken
care of by the police prosecutions
and assistance provided to the
victim. However, in other property
and civil matters legal aid may not
be available to a non-resident.
17 Foreign government/court recognising the New Zealand Courts recognise the
jurisdiction of Indian courts jurisdiction of Indian courts,
however a decision made by an
Indian court may be persuasive but
not binding on the New Zealand
courts.

New Zealand Courts recognize the


validity of a decree or legislative
enactment for divorce or dissolution
cases when one or both the parties
are nationals or citizens of that
country. The jurisdiction of other
matters depends on case to case
basis.

However, owing to privacy laws,


there are limits to which the orders
of Indian courts are accepted and it
has been the experience of this
41
Mission that decisions of only the
local authorities are accepted.
18 Serving summons/arrest warrants order by New Zealand Courts, police or
Indian court on Overseas Indian spouse government agencies are not obliged
who lives abroad to take necessary steps. The legal
process has to be a private initiative
to serve the summons/arrest
warrants by following the due
process of law.

Usually the summons sent by the


Mission are not accepted by the
recipient and are returned to the
Mission.
19 Extension of Visa of aggrieved Indian wife Immigration New Zealand usually
(as dependent) of overseas Indian spouse issues or extends the partnership
even after she is abandoned in India/ill- visa only if a marriage or
treated by spouse partnership is genuine, stable and
ongoing. One may be eligible for
visitor or other categories of visa
depending upon the eligibility and
circumstances of each individual.
20 Payment of Maintenance for Indian wife by An “eligible partner”, if applies to
Overseas Indian spouse the Court, may be granted
maintenance to get him/her back on
feet. This is usually for a short
period. The Court will look into
number of factors including other
financial means, independency,
capacity to work and earn, looking
after children, any period of
retraining required.

42
9. CANADA

S.No. Problems faced by Indian women Current Legal and other


married to Overseas Indians provisions in the foreign
country
1 Mechanisms to verify background of It is submitted that under the strict
PIO/NRI in foreign country prior to provisions of Privacy Act, the
marriage-education, job, salary, marital Canadian authorities do not share
status, etc. any information on any matter,
including marriage-related issues,
about any person, whether Canadian
or otherwise, living in Canada
without the written consent of the
person in question. Hence, it is not
possible for this Mission to verify
the background relating to the
education, job, salary, marital status
of the PIO/NRI in Canada prior to
marriage.
2 Unregistered marriage of Indian women The Canadian authorities do not
with Overseas Indian spouse (only social share with the Consulate any
marriage) personal information about a
person, whether Indian or
otherwise, in view of the strict
privacy laws. Therefore, it would
not be possible for this Mission to
know the number of unregistered
marriages of Indian women with
overseas Indian spouses.
3 Dowry demanded by spouse/parents-in-law The Mission has no locus standi to
who are living abroad approach any Canadian authority or
any person in Canada to inquire
about the dowry demanded by any
NRI/PIO spouse or his/her family
living in Canada. One has to take
recourse to the provisions of the
Mutual Legal Assistance Treaty
(MLAT) between the two countries
fir redressal of grievances.
4 Overseas Indian hides the fact that he is As already mentioned, the Canadian
already married in the foreign country authorities do not share any
information with the Consulate or

43
any third person about the marital
status of a PIO/NRI, in view of the
strict privacy laws.
The only way to know the marital
status of an Indian national is
checking of their PRIDE data which
again cannot be said to be a true
proof.
5 Finding out location or whereabouts of Owing to strict Privacy laws, it is not
husband in foreign country possible for this Mission to
approach any Canadian authority or
private persons to find out the
whereabouts of an Indian NRI/PIO
spouse in Canada.
6 Disappearance of spouse/Abandonment of There is no way this Mission can
Indian women by overseas Indian husbands trace in Canada a fugitive spouse
(NRI/PIO/foreign spouse) who has abandoned his/her Indian
spouse.
7 Providing shelter to abandoned The local Canadian social services
woman/children abandonment by overseas authorities do provide shelter and
Indian food to abandoned woman/children
though they do not share such
information with this Mission.
8 Grant of permanent residency to Indian The Canadian authorities grant
women/children abandoned by Overseas permanent residency only to those
Indian spouse in India women and children who are
sponsored by the Indian NRI/PIO
spouse.
9 Property Rights for aggrieved Indian wife in An aggrieved Indian wife can file a
property of Overseas Indian spouse in case in Indian court for 50% of the
foreign country foreign owned property of her
spouse. However, the Canadian
authorities do not recognise the
court orders of India in such cases.
She can also approach a lawyer in
Canada after reaching here even on
visitor visa, sponsored by anybody
(not necessarily her husband).
10 Abuse/Domestic violence/Ill-treatment of The Mission also received
wife by the NRI/PIO husband complaints of abuse/domestic
violence/ill-treatment by Indian
wives at the hands of their NRI/PIO
husbands. However, the Mission
cannot take up the matter with the
concerned local police authorities as
it has no locus standi in the matter
due to strict privacy laws. In such
cases, only the distressed Indian
women can seek the assistance of
44
local police/other authorities
directly.
11 Child abduction/Charges on wife by Normally the Canadian immigration
overseas Indian husband authorities ask for the consent letter
if the child is travelling alone or with
one parent. The HCI on its part also
require the consent of both the
parents at the time of issuing Indian
visa to the minor child. Even if the
mother is able to abduct a minor
child holding Canadian nationality
to India, the Canadian authorities
file a court case and vigorously
follow the matter with the
concerned foreign authorities. In
such cases, Consulate is not kept in
the loop.
12 Child Custody sought by Indian woman The aggrieved Indian wife will have
when children, spouse are based abroad to seek the help of the local
Canadian court. The custody of the
child (who may be having Canadian
nationality) can be given to the
mother, who may even be holding
Indian nationality.
13 Ex parte decree/divorce in foreign country There have been many cases where
the local courts have taken Ex parte
decisions favouring Canadian
citizens. However, it happens when
the Indian women is not
represented in the court case.
14 How much money is required to file a case The legal cost in Canada is huge and
in such matters the amount may vary from case to
case. If the divorce case is with
mutual consent, it may be decided
within six months - one year at a
cost of Canadian $ 2000. However,
if it is contested and goes for trial,
the legal costs may be anywhere
between Canadian $ 50,000 and
beyond.
15 Look out circular of Overseas Indians sent As regards Servicing of judicial
by GOI to foreign government documents in Canada, including
court orders/summons/show cause
notices, it is regulated by reciprocal
arrangements with Canada finalized
and notified by the Ministry of
Home Affairs, New Delhi, as per
statutory provisions of the Criminal
Procedure Code (Section 105).
45
MHA, which is the nodal Ministry
and Central Authority for seeking
and providing the Mutual Legal
Assistance in Criminal Matters,
receives all kinds of such requests,
examines them and take appropriate
action including taking up the
matter with the Canadian
Department of Justice, Ottawa. If
the judicial documents are not sent
under MLAT, the Canadian
authorities do not take any action.
Comprehensive guidelines in
this regard can be seen on the
website of the Ministry of Home
Affairs (http://www.mha.nic.in).
16 Legal assistance by foreign government to The local government provides free
the aggrieved woman to file case against legal aid to aggrieved Indian
overseas Indian women, if she is resident in Canada.
17 Foreign government/court recognising the Canadian Courts do take cognisance
jurisdiction of Indian courts of the orders issued by the Indian
courts only when these are
forwarded to the Canadian
Department of Justice, Ottawa by
the Ministry of Home Affairs for
further action under the MLAT.
18 Serving summons/arrest warrants order by It is not possible to serve
Indian court on Overseas Indian spouse summons/arrest warrants issued by
who lives abroad an Indian court against an NRI/PIO
spouse living in Canada. The
Canadian courts and other
authorities do not take cognisance of
such orders unless these are
forwarded by MHA under MLAT to
the Canadian Department of Justice.
19 Extension of Visa of aggrieved Indian wife The visa cannot be extended unless
(as dependent) of overseas Indian spouse so requested by the PIO/NRI
even after she is abandoned in India/ill- husband.
treated by spouse
20 Payment of Maintenance for Indian wife by In almost all the cases, the
Overseas Indian spouse distressed Indian wife who is located
in India do not get any maintenance
from her PIO/NRI husbands. If she
is resident in Canada, she can take
up the matter for maintenance with
the Canadian Superior Court
(Family branch).

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