NRI Marriage

Where have our NRI husbands gone?
Where have all the husbands gone, long time passing?
Where have all the husbands gone, long time ago?
Where have all the husbands gone?
Gone for NRIs everyone
Oh, when will they ever learn?
Oh, when will they ever learn?

‘NRI marriages’, as generally understood, are between an Indian woman from India and an Indian man residing in another country (thus NRI – non-resident Indian), either as Indian citizen (when he would legally be an ‘NRI’) or as citizen of that other country (when he would legally be a PIO – person of Indian origin). The problem is especially related to Indian women who get trapped in deceptive matrimony with overseas Indians. They 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. The problem is manifold and it incorporates issues like dowry and various other types of harassment of married women in foreign countries, marriages of convenience, concealment of earlier existing marriage by the husband before marrying an Indian woman. Another very important issue which needs attention is lack of social security faced by an Indian woman in a foreign country when the marriage is not working. The situation is worsened by lack of support network of friends and family and monetary constraints which leaves the deserted wife completely helpless and stranded.

Here is the list of some of the typical instances of the issues that could arise in NRI marriages:

i. Woman married to an NRI who is abandoned even before being taken by her husband to the foreign country of his residence.

ii. Woman brutally battered, assaulted, abused both mentally and physically, malnourished, confined and ill treated and forced to flee or was forcibly sent back.

iii. A quick engagement, followed by a massive wedding, a huge dowry and a honeymoon, after which the NRI husband flies out of India while the wife waits for her visa.

iv. The menace of ‘honeymoon brides’ is a big problem to deal with as over 20,000 brides have not seen their husbands after their honeymoon.

v. Woman who reached the foreign country of her husband’s residence and waited at the international airport there only to find that her husband would not turn up at all.

vi. NRI husband was already married in the other country to another woman.

vii. Husband had given false information on any or all of the following: his job, immigration status, earning, property, marital status and other material particulars, to con her into the marriage.

viii. Woman who approached the court, either in India or in the other country, for maintenance or divorce but repeatedly encountered technical legal obstacles related to jurisdiction of courts, service of notices or orders, or enforcement of orders or learnt of the husband commencing simultaneous retaliatory legal proceeding in the other country.

These problems have emphasized the requirement of provisions to protect these women and very importantly making them aware of their rights and social security means that are available for them.

India Initiatives on Safeguards of Deserted NRI Women

03 Feb 2012 - Ministry of Overseas Indian Affairs has brought out a guidance booklet on “Marriages to Overseas Indians” which contains information on safeguards available to women deserted by their Non-Resident Indian spouses, legal remedies available, authorities that can be approached for redressal of grievances. A pamphlet entitled “Thinking of the marriage of your daughter with an NRI?” has also been brought out by the Ministry highlighting the precautions to be taken before entering into marriage alliance. Apart from this, National Commission for Women (NCW), the coordinating agency at the National level for dealing with the issues pertaining to NRI marriages has brought out a pamphlet entitled “Problems Relating to NRI Marriages-Dos and Don’ts”. It describes the problems related to NRI marriages and suggests precautionary dos and don’ts for Indian women considering marriage to a Non-Resident Indian (NRI) or a Person of Indian Origin (PIO). NCW has also brought out a report on problems relating to NRI marriages, titled “The ‘No where’ Brides”.

Beside this, a scheme was launched in 2007 to provide legal /financial assistance to the deserted or divorced overseas Indian women through the Indian Missions/Posts. It was revised and the revised scheme came into effect from November, 2011. The scheme would be available to Indian women who have been deserted by their overseas Indian / foreign husbands or are facing divorce proceedings in a foreign country, subject to the following conditions:-

• The marriage of the woman has been solemnized in India or overseas with an overseas Indian or a foreigner

• The woman is deserted in India or overseas within fifteen years of the marriage; or

• Divorce proceedings are initiated within fifteen years of the marriage by her overseas Indian foreign husband; or

• An ex-parte divorce has been obtained by the overseas Indian / foreign husband within twenty years of marriage and a case for maintenance and alimony is to be filed by her.

The scheme would not be available to a woman having a criminal case decided against her, provided that a criminal charge of Parental Child Abduction shall not be a bar if the custody of the child has not yet been adjudicated upon. The assistance will be limited to US$ 3000 per case in developed countries and US$ 2000 per case in developing countries and will be released to the empanelled legal counsel of the applicant or Indian Community Association / Women’s organization / NGO concerned to enable it to take steps to assist the woman in documentation and preparatory work for filing the case.

Steps to Help Indian Women Deserted by Non-Resident Indian (NRI) Husbands

6 Feb 2012 - AHMEDABAD — Women deserted by their Non-Resident Indian (NRI) husbands overseas or soon after their marriage in Indianow need not feel helpless. Ministry of Overseas Indian Affairs has launched a booklet on the safeguards available to such women. The booklet, Marriages to Overseas Indians, contains details about the legal remedies available for such women and the authorities that can be approached for redress of grievances.

1.NRIs by and large represent an entrepreneurial and hard working people who have succeeded in establishing India on the world map. The assumption that they are deceitful, marry for money and dump their brides is both inaccurate and slanderous.

2.As evident from the happenings in Doaba (Punjab) and Hyderabad, it is amply clear that an OBSESSION to MIGRATE to foreign shores is one of the major root-causes for the phenomenon of abandonment. Abandonment has nothing to do with a specific gender. As evident from numerous cases cited earlier it is clear that wives abandon their husbands as well.

3.Obsession to Migrate to foreign shores has allowed many unfair trade practices to flourish, which has swindled the common man of his hard earned money, dignity and social standing in society. Unscrupulous Travel Agents and Marriage Bureaus have flourished by ruining the lives of these innocent, gullible people. Such travel agents and middle-men have taken ample advantage of the obsession people have to migrate. Several Agents and Thugs have been booked in the past and there are ample evidences to suggest that women also are an equal partner in this crime.