The
Supreme Court of India states that NRI husbands who harass their wives for
dowry and leave their wives must be arrested.
Further,
due to increase in the domestic violence and abandonment cases against women
who married to non-resident Indians, the government is going to pass a
resolution to attach properties of NRI husbands who is avoiding the summons of
the Court.
Like many Indian
families, my parents to ensure a secure, happy and well-settled future prefer a
Non India Resident (NRI) boy for my marriage, and the groom before marriage
dreamed me that I am going to live in heaven, and he promised to keep me in US
with love and affection without any trouble, but very soon after the marriage,
my dream turns out to be a nightmare.
As soon as I landed in
the US, my husband took away all my documents and jewelry, and when I
protested, he violently tortured me and raped me regularly without my consent,
and then being an alien in this country , I was forced to return to
India.
I lodged a complaint with
the police but till date my husband has not returned to India, and now I come
to know that he has remarried with another girl.
What should I do and how
will I get justice?
If
you are also going through similar trauma, then after you come to India, can
take legal action against your NRI husband under various provisions of Indian
law.
Accordingly to Section
108(2) of Indian Penal Code, “A person abets an offense who, in India, abets
the commission of any act within and beyond India which would constitute an
offense as if committed in India.” Hence under the shadow of this section it is
clear that if an NRI husband abandoned his wife and left her on the mercy of
God in India or forced her to leave the country of residence with him, then the
offence committed by the husband outside India would be deemed to have been
committed within the territory of India.
Section 3 of Indian Penal
Code also gives criminal jurisdiction to the Indian Courts to try for an
offence committed by a person beyond the territory of India in the same manner
as if such offence had been committed within India.
Rights of wife against an
NRI husband:
A wife has the following
rights and claims from her NRI husband:-
➤As per
law, a wife has the right to claim decent living standards and basic comforts
of life from her husband.
Hence for claiming the
maintenance, you can file a petition under section 125 of Criminal Procedure
Code before the Court of Law, and your NRI husband is under legal obligation to
provide the same to you at any cost.
➤Law
entitles wives a basic right to reside in the matrimonial home, whether the house
owned by her husband or his parents, a rented property or officially provided
to him.
Hence, for claiming your
residential right, medical expenses etc, and also for teaching a lesson to the
family members of your NRI husband, who subjected you torture & harassment,
you can file a petition under the provisions of Domestic Violence Act.
➤As per
the Supreme Court, A wife has complete ownership rights over all her Streedhan,
the gifts and money given to her before and after marriage. The denial of
Streedhan to the wife makes the husband and in-laws liable for criminal
charges.
Further, if the husband
or his family members subjected a woman to cruelty for the dowry demand, then
they can be booked under Section 498-A.
Hence, you can lodge a
written complaint for the cruelty and harassment meted to you by your husband
in the foreign country or by his family members in India in the Women
cell/Mahila Police, after mentioning all the details of torture &
harassment.
The women cell will
firstly try to reconcile the dispute; otherwise, they will lodge an FIR against
them, who subjected you cruelty.
➤If your NRI husband files a divorce case in his country of residence and the foreign Court grants him Decree of Divorce , then that divorce will not valid in India, and you will have same right being his legal wife.
How do you serve an
Indian Court summons to the NRI husband?
Section 105 of the Code
of Criminal Procedure allows for mutual arrangements to be rendered for the
service of summons/warrants/judicial procedures by the central government with
foreign governments.
Further, Court has its
power to call an NRI husband from abroad, under the following provisions, i.e.
The Ministry of External Affairs, has, on the basis of Look Out
Circulars/Non-Bailable Warrants/Summons/Court Notices, suspended passports
under Section 10A of the Passports Act, 1967 and impounded/revoked under
Section 10(3) of the Passports Act, 1967, of Non Resident Indians (NRI)
husbands for deserting their wives.
What to do, if wife
harassed in foreign country?
If
your husband is harassing you or abandoned you in a foreign country, then you
can approach the following authorities
➣Local
police of that country
➣Indian
Embassy/Consulate in that country
➣Court
of that country after filing a complaint against husband
➣Lodge
a complaint to the employer of husband
➣Lodge your complaint before the Indian associations based in that country.
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