NRI Marriages & Abandoning of Brides: Law Commission Looks to Strengthen Legal Framework

Taking note of the abandonment and mistreatment of spouses, especially women, in Non-Resident Indian (NRI) marriages, the Law Commission of India is looking to strengthen the framework.

According to sources, the commission is examining lacunae in law, which lead to problems such as abandoning of partners, especially brides, in NRI marriages. “The panel is examining a structural framework to deal with the issue and is deliberating over what advantages the people who are abandoning their partners are taking of the vacuum in the legal framework," sources suggested.

The Law Commission’s study comes after a recommendation from the Ministry of External Affairs (MEA) which has received large number of complaints pertaining to marital issues from Indian women married to overseas Indians. The study will look at protection of various people who are abandoned by NRI partners, especially in states such as Punjab, where the problem is prevalent.

“The commission will also look the international public law and private laws. We need to ensure that the lacunae benefiting the violators are properly addressed. Also, another issue is how the various procedural requirements of the court can be done," sources in the commission said.

According to the MEA, it has received a large number of complaints pertaining to marital issues from Indian women married to overseas Indians. Such cases include abandonment of wife in India, delays in sponsoring of visa by spouse, cases of spouse stopping all communication, harassment of women by husband and in-laws, ex-parte divorce by spouse, etc. These cases often also include issues related to child custody.

According to the Ministry, it also provides appropriate counselling, guidance and information to aggrieved Indian women about legal procedures and mechanisms in such cases. The Indian missions and posts also conduct walk-in sessions and open house meetings for distressed Indians. Grievances are also addressed through MADAD and CPGRAM portals.

Further, the missions and posts also maintain a 24×7 helpline for emergency situations and assistance is also provided through social media platforms. Financial and legal assistance is provided under the Indian Community Welfare Fund (ICWF) to distressed NRI women, wherever applicable, said the MEA.