The National Commission for Women has written to External Affairs Minister Sushma Swaraj regarding the plight of Indian women in NRI marriages. In its letter to the Minister, the Commission said that in many cases where despite the marriage having been solemnized in accordance with the personal laws of the country and in India, foreign courts decide the cases and dissolve marriages.
NCW stressed upon the fact that it has received a large number of complaints from NRI brides where "ex parte" divorce decree has been passed by the foreign courts, and in many cases, such decisions are taken on the grounds currently not available for obtaining a decree of divorce in India. It has been observed by the Commission that NRI husbands are misusing such provisions.
The National Commission for Women highlighted that it is of the view that the dissolution of marriage in such cases should take place in accordance with the laws and in the country where the marriage had been solemnized since Indian women in NRI marriages are especially vulnerable in foreign countries often without any financial support.
Women have no one to turn at the time of crisis. The Commission has proposed to the Ministry of External Affairs that it may explore the feasibility of entering into bi-lateral treaties with the countries with sizable presence of India-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.
According to the NCW, due to the eagerness of not letting go off such lucrative NRI marriage offers, families of Indian women totally ignores certain things that are observed in traditional match-making. The families also ignore that in case of things going wrong in an NRI marriage, the woman’s recourse to justice is greatly constrained and complex. The aggravated risk in such marriage is the woman is being ‘isolated’ far away from home in an alien land, facing language constraints, communication problems, lack of proper information about the local criminal justice, police and legal system.
Yesterday while speaking to media, Women and Child Development Minister said that the National Commission for Women is looking into each and every case and going into the deep of all cases.