Legal Remedies for Abandoned NRI Spouses in India
The unions involving NRIs begin with hopes and distant relationships. Sadly, most of the wives find themselves being abandoned after the marriage. The NRI husband might relocate back abroad and refuse any contact or sue for divorce in a court outside India. For the abandoned wife in India, the emotional and economic trauma is enormous. The best part is that the Hindu law is strong enough to provide effective relief to the abandoned NRI wives.
Here is a detailed overview of the available
choices.
What Constitutes Abandonment
in NRI Marriages
Abandonment, as a rule, is the act of
deserting either of the spouses either from India or withholding the
relationship, which is not justified. Common situations include:
●
The NRI spouse leaving immediately
after marriage and not being seen again
●
Ceasing all funding
●
Refusing[1] [2]
to sponsor a visa or cohabitation overseas
●
Filing a divorce case abroad
without notifying the other spouse
Indian courts take such conduct
seriously, especially when it leaves one spouse financially or socially
vulnerable.
Criminal Remedies Available in
India
Criminal complaint under Indian law is one of
the most efficacious legal recourse measures that an aggrieved spouse can take
in order to find justice and relief. The deserted spouse can approach the
police in cases ranging from cruelty to cheating and breach of trust in Indian
Penal Code.
If cases involve dowry harassment or fraud at
the time of marriage, further provisions can apply. The judiciary is authorized
to issue non-bailable warrants and even start extradition cases in extreme
circumstances. Some precedence cases presented by a famous Indian lawyer have further
cemented the point that an NRI is in no way immune to the jurisdiction of the
law in India just because he or she is living in a foreign land.
Civil Remedies Through Family
Courts
Besides the criminal measures, the civil
options are very important in ensuring sustained relief is offered. An
abandoned wife or husband can pursue suits for:
●
Maintenance and Financial Support
●
Restitution of conjugal rights
●
Divorce on the grounds of cruelty
or desertion
●
Child custody and visitation
rights, where applicable
The courts in India are enabled to issue
maintenance orders despite the foreign staying spouse being an NRI. This can be
ensured and properly framed with the assistance of an experienced Indian famous lawyer.
Invalidating Ex Parte Foreign
Divorce Decrees
In most cases, NRI spouses claim divorce in
overseas courts while their spouses in India are unaware. The Indian legal
system does not consider overseas ex parte divorce decrees valid.
If the foreign judgment is not in accordance
with principles of natural justice or the laws of Indian matrimonial law, then
the foreign judgment is liable to be set aside in India. This rule has been
upheld in a number of cases, which are interpreted in accordance with the
opinions of a number of Indian counsel specializing in international
matrimonial disputes.
Passport, Property, and
Immigration Relief
Remedies against injustice can also be sourced
from Indian Courts. They include:
●
Impounding or canceling the
passport of the NRI spouse
●
Attaching property and assets in
India
●
Issuing directives for the help of
abandoned spouses at the embassy
All these measures may sometimes be necessary
in order to ensure compliance by forcing the party that has left the marriage,
as well as in order to reserve the rights of the abandoned partner.
Conclusion
Abandonment by an NRI spouse is a lonely
battle, yet the powerful remedies under the Indian law defend dignity,
financial security, and legal rights. Options range from criminal complaints to
maintenance claims, and foreign divorce decrees can be challenged. Timely
intervention by a capable Indian
lawyer should be able to help the abandoned NRI spouse regain control
and obtain justice for a more secure future.
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