Faqs How To Address Issues Related To Marriages of Indian Women To Nri/Pios
Faqs How To Address Issues Related To Marriages of Indian Women To Nri/Pios
Faqs How To Address Issues Related To Marriages of Indian Women To Nri/Pios
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:
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.
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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.
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.
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.
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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?
3
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.
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 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:-
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.
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.
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.
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.,
13. Who should I address the application for assistance under MEA’s
Scheme?
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Email: [email protected]
(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.
(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.
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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.
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?
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.
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?
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.
22. What are the specific rights of women against exploitation in the context
of Protection of Women from Domestic Violence Act enacted in 2005)?
23. What is the procedure for divorce when there is mutual consent?
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?
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.
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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.
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 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.
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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?
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
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.
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.
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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:
31. I am living in Australia. Is there any institution which I can approach for
assistance?
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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
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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
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1. UNITED ARAB EMIRATES
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
19
2. BAHRAIN
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
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.
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
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:
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.
23
3. KUWAIT
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
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.
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.
25
when children, spouse are based abroad based on the decision of Indian 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.
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
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.
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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.
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.
30
Germany.
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
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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
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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-
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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.
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
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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
$50, 000. Legal fees are very high
and mostly hourly basis in USA.
15 Look out circular of Overseas Indians sent by Execution may be facilitated
GOI to foreign government through Mutual Legal Assistance
Treaty (MLAT)
16 Legal assistance by foreign government to the It is possible to seek the legal
aggrieved woman to file case against overseas assistance from the foreign
Indian government provided the spouse is
a USA citizen/permanent
residence.
17 Foreign government/court recognising the All legal issues are dealt under the
jurisdiction of Indian courts arrangement of Mutual Legal
Assistance Treaty (MLAT)
18 Serving summons/arrest warrants order by Summons/ arrest warrants are
Indian court on Overseas Indian spouse who sent to the accused through regular
lives abroad post by this consulate. US state
department discourages us to send
these through them.
19 Extension of Visa of aggrieved Indian wife (as Yes, but it is done on case to case
dependent) of overseas Indian spouse even basis.
after she is abandoned in India/ill-treated by
spouse
20 Payment of Maintenance for Indian wife by The USA courts pass order to
36
Overseas Indian spouse provide maintenance to the spouse
and the amount depends on
several criteria.
7. AUSTRALIA
37
10 Abuse/Domestic violence/Ill-treatment of Such incidents do happen.
wife by the NRI/PIO husband
11 Child abduction/Charges on wife by Such incidents have not come to our
overseas Indian husband notice.
12 Child Custody sought by Indian woman Such incidents have not come to our
when children, spouse are based abroad notice.
13 Ex parte decree/divorce in foreign country Such incidents have not come to
notice as court/authorities do not
share such data.
How much money is required to file a case In order to file divorce a court fee of
14 in such matters A$ 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.
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8. NEW ZEALAND
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
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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.
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9. CANADA
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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
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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).
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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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