FAQ on Marital disputes involving NRI/PIO spouses
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Question

AnswerI and my husband are residing You may approach the Indian Mission inabroad. How can I get assistance the foreign country where you and yourfor settlement of marital issues husband reside for providing possible
between me and my husband?
assistance in resolving your marital
disputeI am residing in India. How can I You may forward your complaint to theget my overseas Indian spouse to Indian Mission, in the foreign country
come to India for the settlement of where your husband resides, to contact
our marital dispute?
your spouse for settlement of marital
dispute. In case your husband doesn’t
cooperate with such settlement, you may
take judicial recourse.

3.

I am residing abroad. How can I You may approach the Indian Mission in
apply for legal and financial the foreign country in which you reside.
assistance provided by the Ministryof External Affairs?

4.

I am residing in India. How can I You may:get assistance in getting
1. File a case in a Court of competentmaintenance/ financial support
jurisdiction in India
from my overseas Indian husband
2. Approach the Indian Mission in
the foreign country in which yourhusband resides for seeking
assistance and guidance

5.

What should I do for revocation/ You may approach a Criminal Court ofimpounding of my husband’s competent jurisdiction in India forpassport and for not allowing obtaining appropriate Court Order for
renewal of his passport.
revoking/ impounding passport of yourhusband

6.

How can I get my husband’s Issue of Foreign Passport does not fall
f o r e i g n p a s s p o r t r e v o k e d / within the jurisdiction of India. You maysuspended?
approach the Embassy of the respective
foreign country in which your husband
resides.

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How can I get my husband’s Visa related issues are dealt by theForeign Visa suspended/ revoked? authorities of the concerned foreigncountry who issued your husband’s
foreign Visa. You may approach theEmbassy of the foreign country in whichyour husband resides for VISA related
issues.
How can I get details of Visa and Details of Visa or employment of
Employment of my overseas Indian individuals are not available with thespouse who is residing abroad?
Ministry of External Affairs. You may
approach the Embassy of the foreigncountry to get access to such details.

9.

How can I get my overseas Indian PR is a sovereign matter of the concerned
husband’s application for PR foreign government and it is beyond therejected/ revoked?
jurisdiction of the Ministry of External
Affairs. You may approach the Embassyof the respective foreign country in whichyour husband resides.

10.

How can I get the Residence You may approach the Embassy of thePermit of my overseas Indian foreign country in which your husband
husband cancelled?
resides for assistance and guidance.

11.

I am residing in India. I request the You are requested to state specific issues
Ministry to take legal action in your complaint. You may:against my overseas Indian
1. Notify Police authorities in thehusband.
local area where you reside or
where the matrimonial house islocated
2. A p p r o a c h t h e N a t i o n a lCommission for Women for legal
assistance and guidance
My child has been taken by my You may:overseas Indian husband without
1. Register case on MADAD Portal
my consent to foreign country. I am
2. Approach NCPCR (Mediationresiding in India. I want to reuniteCell), Ministry of Women andwith my child. What should I do?
Child Development (Child WelfareDivision)
3. File case for child custody in India
4. Make a complaint to the Embassyof the foreign country where thechild has been taken
5. File case against your husband in
the foreign country where heresides

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I am residing in India. How can I You may file a case in a Court ofcommunicate with my children competent jurisdiction in India and obtain
who are in the custody of my c o u r t o r d e r f o r f a c i l i t a t i n ghusband who is living abroad?
communication with your children.

14.

How can I locate the whereabouts You may:of my overseas Indian husband
1. Forward your complaint to thewho is not in touch with me?
Indian Mission in the foreigncountry in which your husband
resides along with the correct
passport number and contact
details of your husband
2. Approach the Indian Mission in theforeign country in which thehusband resides
3. A c c e s s t h e l i s t o f I n d i a nAssociations/ NGOs from thewebsite of Indian Embassies forfurther details

15.

How can I deport my husband who You may:is residing abroad to India?
1. File a case in Court
2. Serve the summons/ Notices/
Warrants for arrest against yourhusband living abroad throughMinistry of Home Affairs
3. Approach the Indian Embassy inthe country where your husband
resides
How can I stop my husband who is You may:trying to flee the country?
1. Approach the Senior Police
Authorities to issue Look Out
Circular (LOC) against yourhusband.
2. File a case in Court to stop thehusband from fleeing the country

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I am residing in India. How can I You may file a case in a criminal court ofinitiate criminal proceedings competent jurisdiction in India.
against my overseas Indian spouse?

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What is the procedure for the Service of judicial process outside Indias e r v i c e o f j u d i c i a l p r o c e s s including summons/show-cause noticesincluding summons/show-cause etc., in Civil Matters is regulated by thenotices etc. upon myspouse Ministry of Law & Justice (Jointresiding outside the geographical Secretary & Legal Adviser, ”A” Wing,
Shastri Bhawan, New Delhi.
limits of India?
Service of judicial process outside India
including summons/show cause notices
etc., in Criminal Matters, is carried out by
the Ministry of Home Affairs (Joint
Secretary (IS-II), NDCC-II Building, Jai
Singh Road, New Delhi – 110 001)

19.

I am residing in India. My overseas You may:Indian husband has deserted me/1. File a case in a Court of competentsubjected me to dowry harassment/
jurisdiction in In
domestic violence. What should I
2. Approach the National Commission
do?
for Women for legal assistance andguidance.

20.

I am residing with my overseas You may approach the Indian Mission inIndian husband in foreign country. the country in which you are residing forHe has deserted me/ is subjecting seeking assistance to file complaint withme to dowry harassment/ domestic the local police. The Mission can put you
violence. What should I do?
in touch with the local IndianAssociation/ Organization/ NGOs andalso to provide you with legal andfinancial assistance in case you decide to
take legal/ judicial recourse in the foreigncountry.
You can access the list of local Indian
Association/ Organization/ NGOs,
lawyers in the foreign country from thewebsite of the Indian Embassy in that
How can I get a Red Corner Notice You may:issued against my overseas Indian
1. Get F.I.R. registered with local
husband?
Police Authorities
2. Take judicial recourse

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22.

I am residing in India. I have been You may file a case in a Court ofthrown out of my matrimonial competent jurisdiction in India to retrieve
home by the relatives of my your belongings.
overseas Indian husband. How canI retrieve belongings anddocuments from the matrimonial
home?

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I am residing with my overseas You may approach the Indian Mission inIndian husband in foreign country. the foreign country for assistance andI have been thrown out of my guidance.
matrimonial home by my husband.
How can I retrieve belongings anddocuments from the matrimonial
home?

24.

I am residing in India and my You may file a case in a Court ofoverseas Indian husband has competent jurisdiction in India
married another woman without
divorcing me. What should I do?

25.

How can I take action against my You may register your complaint on
overseas Indian husband for cyber National Cyber Crime Portal
harassment?