Legal Steps For NRIs Facing Marital Disputes In India

Legal Steps For NRIs Facing Marital Disputes In India

Non resident Indian couples who may face marital disputes including desertation, abuse, absence of responsibilities etc may approach their local authorities in India, the embassy from where their spouse resides or the Indian Mission. Nevertheless, the Indian legal system has put forward the legal steps For NRIs facing marital disputes in India.

When To Approach The Indian Mission

If you and your spouse are residing abroad, contact the Indian Mission in that country for assistance if:

1. You need legal/financial aid abroad.
2. You require your spouse to come to India to settle marital disputes. 
3. You are thrown out of your foreign matrimonial home.
4. Additionally, for dowry harassment/domestic violence abroad, the Indian Mission can help file a complaint and connect you with local Indian associations/NGOs.
5. For legal action like maintenance, financial support, or marital dispute settlement.
6. If your overseas spouse has taken your child abroad without consent.
7. To apply for financial assistance provided by the Ministry of External Affairs (MEA). 

When To Approach The Embassy Of A Foreign Country

1. To revoke or suspend a foreign passport or visa of your spouse, contact the Embassy of the foreign country that issued the passport/visa.
2. For issues related to PR (Permanent Residency) or residence permits of your spouse, approach the foreign Embassy.
3. To access information of spouses employment and visa details. 
4. To cancel the residence permit of your spouse.
5. To know the whereabouts of your spouse. 

Conditions On Taking Legal Action In India

1. Maintenance, financial support, or criminal proceedings.
2. Retrieval of belongings from your matrimonial home in India.
3. Revoking/impounding your spouse’s Indian passport.
4. Desertion, dowry harassment, or domestic violence or thrown out of your marital home. 
5. Filing for child custody if your child has been taken abroad.
6. Preventing your spouse from fleeing India by obtaining a Look Out Circular (LOC) or judicial process.
7. Action against your spouse for cyber harassment via the National Cyber Crime Portal
8. Your spouse is marrying another woman without divorcing you.
9. For serving judicial summons/notices to your spouse abroad, the Ministry of Law & Justice (civil cases) or the Ministry of Home Affairs (criminal cases) handles the process.

When Should the Local Authorities Be Involved

1. If you want your overseas spouse to return to India for a marital dispute, notify the local police or file a case in court.
2. Contact the National Commission for Women (NCW) for legal guidance or to seek assistance regarding dowry, domestic violence, or desertion by an overseas spouse.
3. For a Red Corner Notice, file an FIR with the local police and pursue judicial recourse. 
4. File a case in court and serve notices or warrants through the Ministry of Home Affairs for deportation.
5. For cyber harassment contact the National Cyber Crime Portal 
6. For NRI spouses to comply with the court order or judgement the Ministry of Home Affairs works to assure full compliance on such cases. 

In conclusion, approaching these authorities and gathering evidence is important. Moreover, always having the knowledge of present schemes available in India that provides relief for NRI spouses in settling marriage disputes help ease future complications.