Prevent NRI marriages' dissolution through ex parte divorce decree of foreign courts: NCW to Swaraj

The NCW on Wednesday asked External Affairs Minister Sushma Swaraj to explore the feasibility of entering into treaties with countries having sizeable India diaspora to prevent dissolution of NRI marriages through ex parte divorce decree passed by foreign courts.

In a letter to Swaraj, National Commission for Women Chairperson Rekha Sharma highlighted the plight of Indian women in NRI marriages.

The commission said that in many cases, despite the marriage having been solemnised in accordance with the personal laws of the country (of the husband) and India, foreign courts decide the cases and dissolve marriages.

It proposed that the ministry explores the feasibility of entering into treaties with countries having sizable Indian diaspora so that cases related to dissolution of marriages solemnised in India may not be adjudicated by the courts of other countries - unless parties unequivocally and willingly submit to their jurisdiction.

The NCW pointed out that it has received a large number of complaints from NRI brides about ex parte divorce decree passed by the foreign courts.

In many cases, such decisions are taken on the grounds currently not available for obtaining a decree of divorce in India, it said.

"It has been observed by the commission that NRI husbands are misusing such provisions," it said.

The commission is of the view that the dissolution of marriage in such cases should take place in accordance with the laws of the country where the marriage was solemnised and within that nation as Indian women in NRI marriages are especially vulnerable in foreign countries, often without any financial support, Sharma said in the letter.