NRI Divorce Dispute: How Indian Courts are Protecting Deserted Wives.

NRI Divorce Dispute: How Indian Courts are Protecting Deserted Wives.

Introduction

Indian judicial system provides legal protection to deserted NRI wives through various laws. These include The Protection of Women from Domestic Violence Act, 2005, Section 498A of the IPC, and The Hindu Marriage Act 1955, which allows protection, claims maintenance, and divorce based on cruelty. And the Indian legal system can challenge foreign divorce decrees and initiate extradition proceeding against abusive NRI husbands.

Legal Provision 

• Protection of women from domestic violation act, 2005- This act provides remedies like protection order, residence orders, and monetary relief to women facing domestic violation, including those deserted by the NRI.
•  Section 498A of Indian Penal Code (IPC)- This section deals with cruelty by her husband and his relative. Desert wives can file complaints under this section.
• Hindu Marriage Act, 1955- This act allows for divorce on ground of cruelty, desertion, and other relevant facts.
•   Challenging Foreign Divorce Decrees- Indian court can challenging the validity of divorce decrees which is obtained in foreign countries. If they are obtained without proper contest or if the grounds for divorce are not recognized under Indian law.
•    Child Custody and Maintenance- Indian courts can order maintenance for wife and also determine child custody.
• Extradition- In case of rigorous abuse, Indian courts can initiate extradition proceeding against the husband.
• National Commission for Women- The National Commission for Women acts as a coordinating agency for NRI marital dispute and provides assistance to women facing such issues.
• Ministry of External Affairs and Indian Embassies- This bodies can support and guidance to women seeking legal recourse in NRI marital dispute.

• Registration of NRI Marriages- The proposed Registration of Marriage of Non-Resident Indian Bill, 2019, aims to make marriage registration compulsory for NRIs, Which could help provide legal protection for women harassment.

• Jurisdiction and Filing of Divorce- Indian courts pose jurisdiction in divorce cases if the marriage solemnized in India, or if either spouse is domiciled or residing in India at the time of filing. This ensure deserted wives can approached Indian courts even if the husband resides abroad.

Conclusion

Indian courts or judicial system provide legal provision protecting to deserted wives in NRI divorce disputes by ensuring jurisdictional access, cruelty, and desertion, providing maintenance and financial relief, and  scrutinizing foreign divorce decrees for fairness and legality.

FAQs

1. Section 498A of IPC available for NRI divorce dispute.

Yes, section 498A of IPC available for NRI divorce dispute.

1. NRI marriages is mandatory to registration in India

Yes, for women harassment protection NRI marriages need to registration under Registration of Marriage of Non-Resident Indian Bill, 2019.

1. NRI divorce dispute can proceeding in India.

Yes, if the marriage is solemnized in India and NRI partner reside in India.

1. Indian courts can proceed extradition the NRI husband

Yes, Indian courts can proceed extradition the NRI husband.

1. Indian courts can challenging the foreign divorce decrees

Yes, Indian courts challenging the foreign divorce decrees.