National Commission for Women

1. The NRI Cell receives complaints from women on issues related to NRI marriages from across the country and also those residing abroad. These issues primarily involve domestic violence, desertion, dowry demand, apprehension of respondent/s leaving the country, confiscation of passports by husband and in-laws, child custody issues, Financial & Legal Aid under the Scheme of Ministry of External Affairs, maintenance, service of documents abroad, whereabouts of husband not known and wife's inability to join her spouse abroad, etc.
2. NCW largely adopts a convergent approach among various Ministries such as Ministry of Women and Child Development, Ministry of External Affairs and Ministry of Home Affairs, to address NRI matrimonial issues. The process of legal recourse initiated by the aggrieved women is expedited by coordinating with different stakeholders and Action Taken Report (ATR) is sought from such authorities., concerned Police department, District Legal Service Authority, Indian Embassies and Missions abroad, and Regional Passport Officer (Ministry of External Affairs).
3. The Complainants / Survivors are also provided psycho-social and legal counseling by legal professionals and counselors, when they approach the Commission personally and are also appraised on the interventions that NRI Cell makes while dealing with matters.
4. Hearing(s) is also conducted in matters registered with the Commission for necessary intervention, wherever required in relation to follow up with the concerned authorities or reconciliation between the parties.
5. NRI Cell of the Commission also organizes Programmes / Seminars and Consultation/ Meetings from time to time to create wider public awareness and to initiate deliberations on the effectiveness of legal remedies available for the Indian women affected on account of various issues involved in NRI marriages.

Dos

Some of the suggestive measures that one could take are as follows:

• Check the NRI groom’s personal information particulars such as-
• Marital status: Whether single/ divorced/ separated.
• Employment details: Qualification, job profile, etc.
• Financial status: Properties stated to be owned by him in India.
• Immigration status: Passport, type of visa, eligibility to take spouse to the other country, etc.
• Other important details: Voter or alien registration card, Social Security Number, residence address especially in foreign country, family background, etc.
• Women and their family members should have regular and meaningful communication with the groom and his family over a longer period. It should be made sure that the two persons to be married meet personally and interact freely and frankly in comfortable atmosphere to make up their minds.
• It should be insisted that the marriage should be registered in addition to marriage being solemnized as per religious requirements in India with adequate proof like photographs, etc. Registration of marriage in Punjab is mandatory under the Punjab (Compulsory  Registration of Marriage) Act, 2012 enacted in furtherance of the directions of the Hon’ble Supreme Court in the case of Seema v Ahwani Kumar (2006) 2 SCC 578.
• The family of the bride should insist that they keep in touch with her even after marriage on phone, through e-mail and local friends and relatives and get alert if at any point there is any reluctance or difficulty in the same.
• Women should be equipped with knowledge of the laws of the foreign country and the rights they would have in the country of their new residence, especially against any form of abuse or neglect, including domestic violence and whether they can get residence permit and other protections available in the event of domestic violence or abuse.
• Women should inform the people they trust if they face domestic violence in any form – physical, emotional, financial or sexual.
• Women should have a bank account in their name near their residence that they can use in case of any emergency.
• A list of contact details of neighbors, friends, relatives, husband’s employer, police, ambulance and the concerned Indian embassy or High Commission should be kept.
• Photocopies of all important documents including their passport, visa, bank and property documents, marriage certificate and other essential papers and phone numbers should be left with parents or other trustworthy people in India or aboard. In case, they are lost/forcibly taken away/mutilated/destroyed by or at the instance of spouse or in-laws, the copies will come in handy; if possible, a scanned soft copy should be kept with themselves and the person they trust so that the same can be retrieved when required. The woman herself should also have scanned copies of all the important documents in her e-mail.
• Photocopies of husband’s personal details including passport, visa, property details, license number, Social Security Number, voter or alien registration card, among others should be kept by women with themselves.
• Women should be equipped with the knowledge of the Indian laws and the safeguards, and the rights that are available to them, especially against any form of abuse or neglect, including domestic violence, desertion and other remedies like right to maintenance and protection as a victim of domestic violence or abuse.
• Women may approach the nearest Indian Embassy/ Consulate for assistance/advice to file complaint with the local police about harassment, abandonment, ill-treatment, etc.
• Women may take the assistance of Indian Embassy/Consulate for getting details of local NGOs for approaching the local police, contacting their family, friends, etc, who could help them.
• Women should be aware of details of the Ministry of External Affairs’ Scheme which provides for legal/financial assistance to Indian women deserted by their overseas Indian/foreigner husbands through Indian Women’s Organisations/ Indian Community Associations/ NGOs.
• Women and their family members should insist on a registered pre-nuptial agreement. It would be enforceable in the foreign country and may prove to be useful when any legal proceedings are instituted in the foreign country. Pre- nuptial agreements could include a point that the husband will abide by the laws of India if any dispute arises between them.

Don’ts

 Some of the precautionary measures that can be undertaken are as follows-

• Women and their family members should not take any decision in haste and should not get pressurized for any reason whatsoever.
• Matrimony should not be considered as a passage to greener pastures abroad by falling prey to lucrative schemes to migrate to another country or promises of getting green card through marriage.
• Marriage should not be finalized without meeting the family or over long distance, on phone or through e-mails.
• Women and their family members should not get pressurized in taking impulsive decisions of marriage proposal with an NRI just because it appears too perfect to be true.
• Family members should not negotiate their daughter’s marriage via a bureau, agent or middleman and trust them blindly.
• In case, matrimonial negotiations takes place via matrimonial sites, the details and authenticity of particulars provided about the groom should be verified.
• Matters should not be finalized in secrecy; the proposal should be published among the near and dear ones. Friends and close relatives could help in getting vital information which women and their family members may not be able to collect otherwise.
• Women and their family members should not agree on the marriage taking place in a foreign country.
• Women and their family members should not feel coerced into acceding to dowry or any other unreasonable demand made by or on behalf of their husbands in order to end their desertion. They should inform the concerned authorities immediately if they are being forced to do so.
• Women should not remain quiet, if faced with desertion or any other cruelty by husband and/or in-laws whether in India or abroad. They may approach authorities such as the police department, NRI Cell of the National Commission for Women, Embassies/Consulates, NGOs empanelled by our Missions abroad, etc.
• Papers or legal documents for going abroad should not be forged/fabricated and women should not become a party to illegal acts under pressure, allurement or instigation from anymore.
• Women should not feel being forced into participating in legal action in the country of husband’s residence. They can file a case in India and they cannot be forced to defend a case filed against them by their husband abroad- especially a case relating to divorce. India has more women-friendly laws than many other countries.
• If the husband obtains divorce in the other country without the knowledge of his wife, it can be challenged in the Indian Courts under Section 13 of the Code of Civil Procedure, 1908.
• Women should not defame their husband and/or in-laws without evidence as they may file a defamation case. The facts should only be spoken at the right fora, before police/lawyer/social worker/court, etc.
• Women and their family members should not be vindictive and take law in their hands. They should never resort to violence or any illegal act to settle scores with the deserter husband and/or in-laws.
• In case of any problem in the marriage, concerned authorities should be approached by women and their family members.

• Ex-parte divorce
• Child custody/ Child Abduction cases filed by husband
• Denial of maintenance by husband
• Serving of summons/warrants/court orders
• No clue about the whereabouts of the Respondent
• Financial constraints in fighting legal battles in foreign countries
• For bringing her husband back to India to face trial, (Extradition)
• Non-recognition of verdicts of Indian Courts by foreign countries

The cases of NRI marriages registered with the National Commission for Women, are taken up with authorities concerned such as Police authorities, Indian Embassy/ Consulates in foreign land, Regional Passport Officers and other departments of State Governments for appropriate action in the matter. The Commission undertakes to provide, on a case to case basis, the following reliefs:

1. Police Authorities
   1. For registration of FIR;
   2. For expediting the investigation procedure.
   3. For initiating coercive mechanism against their NRI husband such as issuance of NBW, opening of Look Out Circular(LOC); verification of documents for impounding of passport, etc.
2. Ministry of External Affairs through Indian Missions Abroad- Embassy/ High Commissions/ Consulate of India 
   1. For finding the whereabouts of her husband who is an Indian passport holder;
   2. For reconciling with her husband, residing abroad;
   3. For availing the benefits of financial and legal assistance scheme of MEA
3. Regional Passport Office,- for impounding of passport
4. State/ District Legal Service Authority - for obtaining legal aid to pursue matter in Indian court; etc.