NCW Expert Committee to propose new amendments to existing legislation/fresh legislation in respect of NRI/Overseas marriages

As per the information given by the National Commission for Women, the Commission deals with complaints received from India and abroad resulting from cross country marriages. These complaints are broadly of following nature:-

1. Desertion

2. Dowry-demand

3. Capturing of passport by husband/in-laws.

4. Child custody problems

5. Apprehension of husband leaving the country

6. Seeking return of stridhan and maintenance

7. Policy Apathy

8. Service of Judicial processes abroad.

The National Commission for Women had constituted an expert committee for drafting of amendments to provisions contained in existing legislations/fresh legislation in respect of NRI/Overseas marriages and suggested the following:-

(i) All marriage laws should be amended to specifically provide for injunctions preventing a husband from selling or alienating property during the pendency of proceedings in a case for maintenance, alimony or property.

(ii) The law should state that the NRI provide security in Court for the amount equivalent to the amount of dowry/stridhan claimed in pending marriage related offences.

(iii) Look out notices should be issued for husbands against whom offences have been registered.

(iv) India should sign reciprocal treaties for the service of summons, enforcement of maintenance order and extradition with all countries with a sizeable population of Indian origin.

The Ministry of Overseas Indian Affairs has launched a scheme for providing legal/financial assistance to needy Indian women in distress who have been deserted by their overseas Indian/foreigner husbands for obtaining couselling and legal services. The assistance will be limited to US$ 3000 per case for developed countries and US$ 2000 per case for developing countries and will be released to the empanelled legal counsel of the applicant or Indian Community Association/Women’s organisation/NGO empanelled with the Indian Missions/Posts abroad to enable it to take steps to assist the women in documentation and preparatory work for filing the case.

This information was given by the Union Minister of Women and Child Development, Smt Maneka Sanjay Gandhi in reply to an unstarred question in the Rajya Sabha today.

Courtesy - PIB