NRI marriage: Precaution is better than cure

With the increasing number of Indian women facing mental and physical trauma solely due to fraudulent NRI marriages, which is on the constant rise especially in the states of Punjab, Gujarat and Haryana, the Ministry of Overseas Indian Affairs has been up and running a scheme to provide legal assistance to these either divorcee or deserted women.

The scheme is a welfare measure to support divorcee/deserted women in distress living in India or the Indian origin women living in foreign countries through the mobilisation of the local Indian community and to provide them some financial assistance from the Government.

Besides, the women are provided counselling and legal services through some credible Indian Women's Organisations and NGOs empanelled with the Indian Missions in the USA, UK, Canada, Australia, New Zealand, and the Gulf countries and enable them to take up their case in the relevant court in the country concerned.

The National Commission for Women (NCW) in Delhi receives several complaints every month from women languishing abroad after being duped by their NRI husbands. These are some of the cases which have come in the light of NCW. Beside there are thousands of others deteriorating in their home town waiting for the call from their husband residing abroad.

As per the data recorded by NCW, there are about 15,000 women deserted by NRI husbands and their families in Punjab alone. Gujarat despite having substantial NRI population has a large number of battered women living in hope of good married life and are in badly need of help.

If we forget distress of divorcee/deserted women living in India with their family, for a while, we can not imagine women who are vulnerable in foreign country often without any financial support. No one is there to help her at the time of crisis, except her and the Almighty.

As far as the government's scheme is concerned, it has outlined some parameters for women; either deserted in India by their overseas Indian spouses or is facing divorce proceedings abroad, to avail the benefit of this welfare scheme.

Following are the conditions:

•The woman should be an Indian passport holder. •The marriage of the woman has been solemnized in India. •The woman is deserted in India or after reaching abroad within five years of the marriage. •Divorce proceedings are initiated within five years of the marriage by her overseas Indian spouse. •An ex-parte divorce has been obtained by the overseas Indian spouse within 10 years of marriage and a case for maintenance and alimony is to be filed. •The scheme would not be available to a woman facing criminal charges of having a criminal case decided against her. •The domicile of the woman seeking relief under the scheme is not relevant for allowing the benefit. The woman may be domiciled in the country of her overseas Indian spouse or in India at the time of making the application. •Preference may be given to applicants on the basis of financial needs. •Financial assistance will be limited to meeting initial cost and incidental charges for documentation and filling of the case by the Indian women’s organization/NGO on behalf of women. •The assistance will be limited to US $1000 per case and will be released to the Indian community organizations/NGO concerned to enable it to take steps to assist the woman in documentation and preparatory work for filing the case. •The women’s organization/NGO will make efforts to enlist community advocates, preferable women advocates, to extend further legal assistance/appearance in court etc. on a pro-bono basis.

Besides fulfilling these conditions the applications in this respect received by the Ministry of Overseas Indian Affairs will be examined by an internal committee consisting of a legal advisor and an officer of the rank of Director/Deputy Secretary and approved by Secretary. Thereafter, the Ministry will recommend the case to Mission concerned to provide legal aid support. The applicant would also be informed to approach the Mission concerned in this regard.

The aforesaid conditions for women to follow would come up when they were either divorced or deserted. But the women and their family should try not to let these circumstances come, which (fake marriage) they can easily avoid by following.

Some of the guidelines mentioned below:

-avoid finalisation abroad marriage on phone or through e-mail -must not settle matters in secrecy -collect each and every minute details of the NRI groom- his family members, home, job, marital status etc. -do not trust blindly any middleman, marriage bureau or agent -avoid registered marriage only or at far off place and clearly say 'no’ to the marriage being held abroad -also contact Indian embassy in the concerned foreign country and explore every details regarding groom and family.

Most of all must make registration of the marriage along with a social ceremony. The family of the bride must also look to the booklet issued by the Ministry of Overseas, Indian Affairs, which carries some significant guidelines and tips. Following the saying “Precaution is better than cure” they could save their daughters from falling into distress.