Proposed Legislation to Tackle Legal Woes of Indian Wives Married to NRIs

Over 11,000 distressed women seeking assistance from India’s foreign missions due to domestic crises

Kaushalendra

PRAVASISAMWAD.COM

In recent years, a surge in intercountry marriages involving Non-Resident Indians (NRIs) or Overseas Citizens of India (OCIs) and Indian citizens has sparked a multitude of legal dilemmas, with over 11,000 distressed women seeking assistance from India’s foreign missions due to domestic crises.

Highlighting the dearth of effective legal measures, the Law Commission has thrown its weight behind a proposal aiming to provide legal recourse for such cases. In its recent report titled ‘Law on Matrimonial Issues Relating to NRIs and OCIs,’ the Commission underscores the pressing need for legislation tailored to address the challenges faced by Indian wives abroad.

Presently, Sec. 498A of the Indian Penal Code, which pertains to cruelty by husbands and in-laws, stands as the sole recourse for NRI wives confronting domestic abuse. However, the jurisdictional limitations of Indian statutes in foreign territories often hinder effective intervention.

• Amidst the complexities of intercountry marriages involving Non-Resident Indians (NRIs) and Indian citizens, a beacon of hope emerges

• With the proposed legislation advocating justice, protection, and unity, Indian wives abroad find empowerment in their pursuit of legal recourse

The proposed legislation, outlined in the Registration of Marriage of Non-Resident Indians Bill, 2019, seeks to rectify these shortcomings. It emphasizes the necessity of a central law to govern NRI marriages and addresses key issues such as harassment, abandonment, and fraudulent practices commonly associated with such unions.

Central to the proposed legislation is the establishment of a comprehensive NRI marriage registry, mandating the registration of marriages within 30 days of solemnization, along with stringent measures to impound passports and serve e-summonses to delinquent husbands.

Furthermore, the Commission advocates for amendments to existing laws, such as the Passports Act, 1967, to ensure greater transparency regarding marital status and spousal linkage. It also proposes extending provisions for child custody and property attachment to cover NRIs, along with measures to facilitate the appearance of spouses settled abroad during court proceedings.

In essence, the proposed legislation represents a significant step towards addressing the legal complexities surrounding intercountry marriages involving NRIs and Indian citizens, offering hope for thousands of women grappling with domestic crises abroad.

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