Lok Sabha Question No. 2388 (UNSTARRED), answered on 2018-12-26
Subject: Complaints against NRI Husbands
Ministry: EXTERNAL AFFAIRS
Asked by: Adhikari Dibyendu, POONAM  MAHAJAN, HARIOM SINGH RATHORE

## GOVERNMENT OF INDIA MINISTRY OF EXTERNAL AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO.2388

TO BE ANSWERED ON 26.12.2018

## COMPLAINTS AGAINST NRI HUSBANDS

## 2388. SHRI DIBYENDU ADHIKARI:

SMT. POONAMBEN MAADAM:

SHRI HARIOM SINGH RATHORE:

Will the Minister of EXTERNAL AFFAIRS be pleased to state:

- (a) whether wives of NRI husbands have reported around 2500 cases of harassment in the last five years period and if so, the details thereof;
- (b) whether Gujarat, Punjab and Kerala reported almost 80 percent of complaints and if so, the details thereof;
- (c) whether Government proposes for pre-nuptial law agreements under International law; and
- (d) if so, the action taken or proposed to be taken by the Government to check desertion of wives by NRI husbands and early lawful proceedings in this regard?

## ANSWER

## THE MINISTER OF STATE IN THE MINISTRY OF EXTERNAL AFFAIRS

## [GEN. (DR) V. K. SINGH (RETD)]

(a) & (b) Between January, 2015 and 30 th  November, 2018, this Ministry (including the Indian   Missions   abroad)   have  addressed  4985  complaints   of   distressed   Indian   women deserted   by   their   NRI   spouses  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;   impounding   and revocation   of   Indian   passport   of   the   husband;   getting   access   to   lawyers   and   NGOs empanelled with Indian Missions etc.

This Ministry does not maintain State-wise data.  However, it has been receiving and redressing grievances from women deserted by their NRI spouses from whole of India which pertains   to   abandonment,   harassment,   cheating,   domestic   violence   by   their   spouses residing   abroad,   to   ascertain   whereabouts   of   NRI   husbands,   request   for   extradition, deportation of spouse to India, request for maintenance, support, divorce or child custody and request for legal and financial assistance to file a case against the NRI spouse.

(c) There are no proposals as of now, for pre-nuptial law agreements under International law, by the Government.

(d) The Government has taken the following steps to check desertion of wives by NRI husbands.

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 to US$ 4000 per case.  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.

An Expert Committee was set up to identify legal and regulatory challenges faced by Indian   nationals   married   to   overseas   Indian   nationals   and   to   suggest   amendments   in existing Acts/legislations or new policies / laws / regulations. Some of the recommendations of the Expert Committee have been accepted including the constitution of an Integrated Nodal Agency (INA) and some are being examined.

The INA is headed by Secretary, Women & Child Development . The other members of the INA are (a) Joint Secretary (Judicial) & Joint Secretary (Foreigners), Ministry of Home Affairs, (b) Joint Secretary (OIA-II), Ministry of External Affairs and (c) Joint Secretary (Legal), Ministry of Law & Justice. The INA is functioning as an effective body and providing a single window timely solution to the problems of Indian women married to Overseas Indian spouses. So far, the INA has had thirteen sittings and has issued eight Look Out Circulars against the erring spouses.

Besides, this Ministry has cancelled 1 passport and impounded/ revoked 20 passports of erring spouses based on the complaints received and issuance of Look Out Circulars by the Integrated Nodal Agency/the police authorities and Court orders.

To create awareness, a comprehensive FAQs and information about legal provisions prevailing in foreign countries, data base of Organisations / NGOs / lawyers registered / empanelled with the Indian Missions/Posts abroad, with respect to various issues faced by aggrieved Indian women and how they can be addressed has been prepared bilingually and are placed on the website.  The State authorities and the Regional Passport Offices have been requested   to translate the above mentioned information into local languages to posted on   their website and share the resources in regional languages, to disseminate information to Indian nationals.

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