Lok Sabha Question No. 917 (UNSTARRED), answered on 2018-02-07
Subject: NRI Marriages
Ministry: EXTERNAL AFFAIRS
Asked by: SHIVKUMAR CHANABASAPPA UDASI

## GOVERNMENT OF INDIA MINISTRY OF EXTERNAL AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO.917 TO BE ANSWERED ON 07.02.2018

## NRI MARRIAGES

## 917. SHRI SHIV KUMAR UDASI:

Will the Minister of EXTERNAL AFFAIRS be pleased to state:

- (a) whether there is increase in the number of fraud cases in NRI marriages and if so, the details thereof;
- (b) the details of action taken and assistance rendered to the deserted women caught in fraudulent marriages; and
- (c) whether the Government has recommended a separate legislation to address issues including NRI matrimonial discord, maintenance of spouses and  children, child custody and settlement of matrimonial property and if so, the details thereof ?

## ANSWER

## THE MINISTER OF STATE IN THE MINISTRY OF EXTERNAL AFFAIRS [GEN. (DR) V. K. SINGH (RETD)]

- (a) The   Ministry   has   been   receiving   petitions   from   Indian   women about fraud cases of NRI marriages. In the year 2017 (upto Nov.), it received 1022 petitions compared to 1510 in 2016 & 796 in 2015. Most petitions received from them pertain to:
- i) Harassment and ill-treatment by the husband and his family;
- ii) Loss of communication with the spouse after he goes abroad;
- iii) Request   for   assistance   in   serving   judicial   summons   for   Court proceedings in India;
- iv) Assistance in obtaining maintenance and child support from the spouse;
- v) Request for revoking and impounding passports of the spouse;
- vi) Request for repatriation of the spouse to India; and
- vii) Child-custody issues.
- (b) Of 3328 complaints received during the last three years (January 2015 to November, 2017) from distressed Indian women deserted by their NRI spouses, this Ministry   has   addressed   3268   complaints   by   way   of providing them counseling, guidance and information about procedures, mechanisms   for   serving   judicial   summons   on   the   Overseas   Indian husband; filing a case in India, issuing Look Out Circulars; getting access to lawyers and NGOs empanelled with Indian Missions etc.

With an aim to provide financial and legal assistance to distressed women married to NRI spouses by all Missions and Posts, the Indian Community Welfare Fund (ICWF) Guidelines were revised in September

2017. The amount of legal & financial assistance to distressed Indian women has also been increased from US$ 3000 to US$ 4000 per case, and it is applicable to all overseas Indian Missions and Posts. The assistance is released   to   the   empanelled   legal   counsel   of   the   applicant   or   Indian Community Association/ Women's Organisation/ NGO concerned to enable it to take steps to assist the woman in documentation and preparatory work for filing the case. There   is   also   a   provision   in   the   revised   ICWF   guidelines   for maintaining a panel of 3-5 local lawyers/firms proficient in local language and law, and who enjoy credibility and have commitment and experience to   assist   deserving   Indian   national   in   distress   in   Gulf   Cooperation Countries (GCC) and Top 20 countries with major Overseas Indian national population. (c) No. However, the Government had set up an Expert Committee on NRI Marital Disputes, which presented its Report in August, 2017. Some of its recommendations including constitution of an Integrated Nodal Agency (INA) have been accepted and implemented and some are under further examination.

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