Prevent Ex Parte Divorces Filed by NRI Men, National Commission for Women Appeals to Sushma Swaraj

The National Commission for Women (NCW) has written a letter to External Affairs Minister Sushma Swaraj, requesting her intervention into the issue of ex parte divorce filings in foreign courts by NRI husbands who have abandoned their wives in India.

NCW Chairperson Rekha Sharma has said in the letter to Swaraj that the organization has received a number of complaints from wives of NRI men regarding the passage of ex parte divorce decree by foreign courts, where the case was decided in the absence of all of the parties related to the case.

Highlighted that @NCWIndia has received number of complaints from #NRIbrides where ex parte divorce decree has been passed by foreign courts, and in many cases, such decisions are taken on the grounds currently not available for obtaining a decree of divorce in India.

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— rekha sharma (@sharmarekha) October 3, 2018

Sharma further added that NCW has observed that “NRI husbands are misusing such provisions.”

Urging Swaraj to look into the plight of wives deserted by NRI men, she said that “the dissolution of marriage in such cases should take place in accordance with the laws in the country where the marriage had been solemnized since Indian women in NRI Marriages are especially vulnerable in foreign countries.”

She also suggested that the Indian government should try to sign bi-lateral treaties with such countries to stop these unilateral proceedings of NRI men against their wives, as they do injustice with these women.

“Ministry of External Affairs may explore the feasibility of entering into bi-lateral treaties with the countries with sizeable presence of Indian diaspora to the effect that cases related to the dissolution of marriage solemnized in India as per Indian law may not be adjudicated by the courts of other country, unless parties to the marriage unequivocally and willingly submit to the jurisdiction of courts in such other country,” the letter stated.

The NCW’s letter comes at a time when the Indian government is planning a slew of stricter actions against NRI men accused of abandoning their wives. Authorities are taking steps to punish these husbands by suspending their passports and arresting them on their arrival in India. 

The Regional Passport Offices have also started writing to the embassies in countries where the wanted NRI men live. They are also planning to write to the employers of these men, so that they know that the passports of their employees have been suspended by India.