Caution NRIs, Abandoning Your Wife will Lead to You Losing Your Property in India.
Jul 04, 2018 Legal Guidance
NRI men abandoning their wives are not something new. There have been many cases in past and the rising numbers of the same have been raising concerns. The government has been continuously putting efforts towards the same and have been trying for these issues to end.
According to the Ministry of external affairs, every eight hours there is a call from women who have been deserted by their husband and need help in getting back to the country. Between 1st Jan 2015 to 30th Nov 2017, the ministry has received an alarming number of 3328 such calls.
To help and reduces the number of such cases, the government released a book of 98 pages ‘Marriage to overseas Indians- a guidance booklet’. The book sets out the legal rights and obligations to govern such weddings. The book also charts the issues of matrimonial dispute, precautions, rights, and contacts of Embassy officials and relevant NGOs who work for the cause and tips and tricks of how to handle the situation.
The ministry also urges the brides-to-be and the parents of the bride to make sure they know and verify each and every detail about the groom, his work, his type of visa, his marital status, social security number, employment details, immigration status, whether the groom is eligible to take the spouse with him or not, tax returns of past three years, bank papers and property papers.
According to the Ministry of external affairs, every eight hours there is a call from women who have been deserted by their husband and need help in getting back to the country. Between 1st Jan 2015 to 30th Nov 2017, the ministry has received an alarming number of 3328 such calls.
To help and reduces the number of such cases, the government released a book of 98 pages ‘Marriage to overseas Indians- a guidance booklet’. The book sets out the legal rights and obligations to govern such weddings. The book also charts the issues of matrimonial dispute, precautions, rights, and contacts of Embassy officials and relevant NGOs who work for the cause and tips and tricks of how to handle the situation.
The ministry also urges the brides-to-be and the parents of the bride to make sure they know and verify each and every detail about the groom, his work, his type of visa, his marital status, social security number, employment details, immigration status, whether the groom is eligible to take the spouse with him or not, tax returns of past three years, bank papers and property papers.
Maintenance of women who are ill-treated and deserted
Different religion applies different laws for the same. Hindu women and children are entitled to get separate maintenance. Parsi women are entitled to get permanent alimony and maintenance from the husband with a proper share of the joint property.
For Muslim women, if the whereabouts of the husband if not knows for four years or if he has failed to provide maintenance for two years, then they are entitled to call for the dissolution of marriage. The alimony will be the ‘Mehr’ decided at the time of marriage.
Christian women can petition for divorce if the husband has deserted her for two years. She can also claim her share in the ancestral property.
For Muslim women, if the whereabouts of the husband if not knows for four years or if he has failed to provide maintenance for two years, then they are entitled to call for the dissolution of marriage. The alimony will be the ‘Mehr’ decided at the time of marriage.
Christian women can petition for divorce if the husband has deserted her for two years. She can also claim her share in the ancestral property.
Recent developments
- It is mandatory for the NRI marriages to be registered within 48 hours of marriage else the visa and passport of the husband will not be issued.
- The Ministry of External affairs has decided that they will display the summons of such men on their website. Not only this, passport revocation and Lookout Circulars have been issued in the past for such culprits.
- Last year, Minister for Women and Child development, Menaka Gandhi said that the data of such marriages will be collected and registration of all NRI marriages are now compulsory.
- If the recommendations are approved, then the properties of NRI husband and his family may be seized to aid the woman.
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