ISSUES RELATING TO NRI MARRIAGES

The problem is manifold and includes dowry and other kinds of harassment of married women in foreign countries like non-consummation of marriages, marriages of convenience, concealment of earlier existing marriage by the husband before marrying an Indian woman and lack of social security faced by an Indian woman on the foreign soil once the marriage is broken and ex parte divorces are obtained.

NRI Cell was formally inaugurated on the 24th of September, 2009. NRI Cell deals with complaints received from India and abroad resulting from cross country marriages wherein there is any deprivation of women’s rights or any issue involving grave injustice to women. Scheme for giving legal /financial assistance to Indian women deserted by their overseas Indian spouses.

Scope and Eligibility for the Scheme: The scheme would be available to the women who have been deserted by their overseas Indian spouses or are facing divorce proceedings in a foreign country

Subject to the following conditions:-

The woman is an Indian passport holder.
The marriage of the woman has been solemnized in India.
The woman is deserted in India or after reaching abroad within five years of the marriage.
Divorce proceedings are initiated within five years of the marriage by her overseas Indian spouse.
An ex-parte divorce has been obtained by the overseas Indian spouse within 10 years of marriage and a case for maintenance and alimony is to be filed.
The scheme would not be available to a woman facing criminal charges or having a criminal case decided against her.
The domicile of the 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 spouse or in India at the time of making the application.
Preference may be given to applicants on the basis of financial needs.

Assistance will be limited to meeting initial cost and incidental charges for documentation and filing of the case by the Indian women’s organization/NGO on the woman’s behalf. The assistance will be limited to US $1500 per case and will be released to the Indian community organizations/NGO concerned to enable it to take steps to assist the woman in documentation and preparatory work for filing the case. The women’s organization/NGO will make efforts to enlist community advocates, preferably women advocates, to extend further legal assistance/appearance in court etc on a pro-bono basis.

Source: National Seminar On “ISSUES RELATING TO NRI MARRIAGES” on 15th February, 2011, at Vigyan Bhawan, New Delhi Organized by National Commission for Women In Collaboration with Ministry of Overseas Indian Affairs Legal provisions in foreign countries on Indian women cheated/abandoned/abused by Overseas Indian Spouses Frequently Asked Questions from Ministry of External Affairs, Government of India

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