The Ministry of External Affairs (MEA) sought the Law Commission of India to examine the issue of marriages involving Non-Residents of India (NRI) and strengthened its framework concerning both international public law and private laws.
Sources indicate that the MEA recently submitted references to the Law Commission, urging an examination of the gaps in current laws related to issues arising in NRI marriages, particularly instances of partners, especially brides, being abandoned.
The Law Commission is in the early stages of developing a structural framework to address these concerns, considering both international public law and private laws. The focus is on preventing loopholes that benefit violators and ensuring proper handling of various procedural requirements within the legal system.
The Commission will also review the 2019 bill addressing the registration of NRI marriages and the Foreign Marriage Act. The MEA has received numerous complaints regarding marital issues from Indian women married to overseas Indians. These issues range from abandonment of wives in India to delays in spousal visa sponsorship, cessation of communication by spouses, harassment by husbands and in-laws, and ex-parte divorces. Child custody disputes are also common in such cases.
The Ministry, along with Missions/Posts, provides counseling, guidance, and information on legal procedures and mechanisms for aggrieved Indian women. Walk-in sessions and open house meetings are conducted by Indian Missions and Posts to address grievances.
Complaints are also handled through portals like MADAD and CPGRAM. Additionally, Missions and Posts maintain a 24×7 Helpline for emergency situations, and assistance is offered through various social media platforms. Financial and legal aid is provided under the Indian Community Welfare Fund (ICWF) to distressed NRI women, as applicable, according to the MEA.
