On December 30, 2006, the Ministry of Overseas Indian Affairs had announced a scheme [available on www.moia.nic.in] to provide free legal and counseling services to NRI women as well as foreign citizens of Indian origin in distress as a welfare measure. To begin with this scheme was to be applicable in US, UK, Canada, Germany, Australia, Malaysia, New Zealand and the Gulf. It is now extended worldwide. Another proposal between the Overseas Affairs Minister and the Minister for Women and Child Development led the Indian Government to propose to stamp the marital status of Non Resident Indians on their passports. This was indeed a welcome development. But, it could not have been enough. Besides, the proposal of stamping passports was never implemented. Seven years have gone by and the same situation continues. Administrative remedies have failed to resolve these human problems.
The Ministry of Overseas Indian Affairs operates a Scheme to provide financial assistance to needy Indian women in distress due to desertion or divorce by their overseas spouses, for getting access to counseling and legal services. The counseling and allied services are provided through credible Indian Women’s organizations, Indian Community Associations and NGOs empanelled with Indian Embassies abroad. It is stated that complaints regarding overseas marriages can be made to the National Commission for Women online at nricell-ncw@nic.in. Additionally, a complaint can also be made to the Ministry of Overseas Indian Affairs by email at dsds2.moia@nic.in. However, by the State wise data of the complaints received by the Ministry (Tabulated below), it does not seem that there is a very positive response or that such remedies are a success in practical relief oriented terms.These investigations which have no judicial sanctions, can at most result in recommendatory relief. The Ministry cannot cancel the visa of a person and revocation of the passport may itself be legally questionable.
Of a population of over 1.1 billion Indians, about thirty million are NRIs living worldwide. Times have changed but family law legislations enacted by the Indian Parliament in 1955 and 1956 have left family laws for NRIs where they were. The result, an influx of family law problems arising out of NRI marriages with no practical solutions in the legislative enactments as they exist today. To compound the problem, registration of marriages, which is optional under Hindu Family laws, though now made compulsory, has not been put into practice in most States in India including Punjab, as the rules for doing the same have not yet come into effect. The fallout: multiple marriages by the NRI often without a previous divorce, invariably by duping the previous spouse and providing no maintenance to the abandoned wife and no support to the unfortunate child of such union if any. Foreign divorce decrees are not accepted by Indian Courts. Defending a matrimonial matter abroad sitting in India is an impossible task. Legal recourse in India is difficult, time consuming, expensive and complicated. Despite a Family Courts Act, 1984, most States have none despite 29 years having elapsed since this law was made. The end result : about thirty thousand abandoned women in Punjab alone fending for themselves in an uphill legal system which provides no solutions or answers. Then, there are issues relating to Inter parental child abduction. Court recourse is difficult, undefined and India not being a signatory to The Hague Convention on Child Abduction, there is practically no statutory law on the subject. Still further, inter country adoptions are governed by a maze of laws and procedures.Surrogacy also now sails in these unchartered waters How are all these NRI family law related issues to be resolved. Who will do it. How will it be done.Regardless, Courts resolve individual matters with beneficial interpretations .
In our country where we have a plural systems of family laws, multiple bigamous unions by NRIs are abound. Defending summary divorce proceedings of foreign courts initiated by an erring NRI with no legal assistance or maintenance makes the hapless deserted Indian spouse suffer in agony thereby compounding the problem. Caught in this cross fire are innocent children of such unfortunate marriages often bundled of against their wishes. Indian legislation provides no answers. There being no bilateral agreements or treaties with foreign countries, parallel court proceedings initiated on both sides in different countries leads to a conflict of jurisdictions and flouted court orders. Hague Conventions on marriage and divorce are not acceded to. The result undoubtedly is a total mess. The sufferers are fellow citizens in India and those on foreign soil.
In this stage and time, the Parliament seriously needs to enact a comprehensive legislation for NRI marriages and divorces applicable country wide which is a composite and wholesome answer to these social issues. Patchwork with isolated eyewash will not help. The need of the hour is a new law and not administrative remedies which are an exercise in futility. The purpose of making a new is now very clear and needs no further elucidation. Simultaneously, State Governments must forthwith set up Family Courts and with the aid of trained mediators, attempt alternative dispute resolution methods which see finality with the seal of Family Courts upon expeditious and effective resolution.
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