Lok Sabha Question No. 450 (STARRED), answered on 2017-04-05
Subject: Marital Disputes of NRIs
Ministry: EXTERNAL AFFAIRS
Asked by: NEELAM SONKER

## GOVERNMENT OF INDIA MINISTRY OF EXTERNAL AFFAIRS

## LOK SABHA STARRED QUESTION NO.450 TO BE ANSWERED ON 05.04.2017

## MARITAL DISPUTES OF NRIs

- † *450. SHRIMATI NEELAM SONKER:

Will the Minister of EXTERNAL AFFAIRS be pleased to state:

- (a) the  number  of  complaints  regarding  marital  disputes  of  NonResident  Indians  (NRIs)  received  by  the  Government  during each of the last three years;
- (b) the  nature  of  these  complaints  and  details  of  action  taken thereon;
- (c) whether any proposal is being mooted to bring a legislation to tackle such disputes so that the litigation between NRIs and Indian citizens does not prolong;
- (d) if so, the details thereof and the time by which it is likely to be brought in the Parliament; and
- (e) the other measures taken by the Government in this regard?

## ANSWER THE MINISTER FOR EXTERNAL AFFAIRS (SHRIMATI SUSHMA SWARAJ)

- (a) to (e) A statement is laid on the table of the House.

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## STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (e) OF  THE LOK  SABHA  STARRED  QUESTION  NO.  450  REGARDING  'MARITAL DISPUTES OF NRIs' FOR ANSWER ON 05.04.2017

- (a) The Ministry has received 2485 complaints about NRI marital disputes during the last three years and until 30 March 2017:
- (b) Complaints received by Ministry pertain to following   issues:
- i. Abandonment by overseas Indian spouse in India or abroad after marriage
- ii.    Harassment and abuse by spouse and his family
- iii.   Cheated  by  overseas  Indian  spouse  who  hides  the  fact  that  he  was  already married or has a partner
- iv.   Request for assistance in locating spouse abroad or establishing contact with him
- v. Request for  assistance  in  serving  judicial  summons  for  court  proceedings  in India, arrest warrant, etc.
- vi.   Request for impounding or revoking passport of NRI spouse
- vii.  Request for extradition, deportation of spouse to India
- viii. Request for maintenance support, divorce, or child custody.
- ix. Request for legal and financial assistance to file case against spouse.

| Year                 |   Number of complaints received |
|----------------------|---------------------------------|
| 2014                 |                             276 |
| 2015                 |                             580 |
| 2016                 |                            1272 |
| 2017 (Till 30 March) |                             357 |
| Total                |                            2485 |

Details of action taken to address these complaints are given below.

- (c) to (e) No legislation is proposed. However, Ministry attaches high importance to addressing this issue. Therefore, the following steps have been taken by this Ministry:
- i. Through the Indian Community Welfare Fund (ICWF), Missions provide legal assistance,  shelter  and  boarding  &  lodging  to  distressed  Indian  nationals, including those facing marital issues with overseas Indian spouses.
- ii. Under a scheme set-up by Ministry, legal and financial assistance is provided to Indian  women  whose  overseas  Indian  spouses  reside  in  13  countries  namely:

USA,  UK,  Canada,  Australia,  New  Zealand,  Malaysia,  Singapore,  Oman, Kuwait, Bahrain, Qatar, Saudi Arabia and United Arab Emirates to initiate legal proceedings  against  the  spouse,  avail  counselling  and  for  sustenance.  127 women have received such assistance so far.  Ministry is considering inclusion of  this  scheme  under  the  scope  of  ICWF,  with  the  objective  of  making  the scheme applicable globally and enabling Missions to provide assistance directly to the aggrieved Indian women.

- iii.   Many  Indian  Missions  have  designated  'Open  House'  meetings  during  which any  distressed  Indian  national  including  those  facing  NRI  marital  issues,  can approach Mission for assistance and guidance;
- iv.   Shelter  homes  for  distressed  Indian  nationals  have  been  set  up  in  Malaysia, UAE,  Qatar,  Kuwait,  Bahrain  and  Kingdom  of  Saudi  Arabia  to  provide boarding and lodging until they are repatriated to India;
- v. In some countries counseling and legal services are provided to NRIs through credible  Indian  Women's  Organizations,  Indian  Community  Associations,  and NGOs which are empanelled with Indian Missions/Consulates.
- vi.   Ministry has prepared a detailed list of FAQs (Frequently Asked Questions) in Hindi  and  English  regarding  the  issue  of  NRI  marriages,  which  empower  the petitioners  by  providing  information  and  guidance  about  procedures,  and mechanisms for filing a case in Indian courts or police station; serving judicial summons on the overseas Indian spouse; issuing Look out Circulars; impounding and cancelling of Indian passport of spouse; and the list of lawyers and  NGOs  empanelled  with  Indian  Missions  etc.  The  information  is  also available on Ministry's website.
- vii.  A  compilation  of  legal  provisions  in  specific  countries  where  the  problem  is more prevalent with respect to issues such as ex-parte divorce, child custody, maintenance, is available on Ministry's website.

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