NEW DELHI: The National Commission for Women has recommended to the Ministry of External Affairs to enter into bilateral treaties with countries from where NRI husbands get ex parte divorce decrees by foreign courts passed to their wives.
All marriages solemnized in India should only be annulled as per Indian laws, the Commission has suggested.
In the letter to External Affairs Minister Sushma Swaraj, the NCW has argued that in many cases where despite the marriage having taken place as per the personal laws and in India, foreign courts decide the cases and dissolve marriages.
The Commission highlighted that it has received a large number of complaints from NRI brides against ex parte divorce decree passed by the foreign courts, and in many cases, such decisions are taken on the grounds currently not available for obtaining a decree of divorce in India.
"It has been observed by the Commission that NRI husbands are misusing such provisions," the NCW wrote in a letter. "It is our view that the dissolution of marriage in such cases should take place in accordance with the laws and in the country where the marriage had been solemnized since Indian women in NRI marriages are especially vulnerable in foreign countries often without any financial support. They have no one to turn at the time of crisis."
"The Ministry of External Affairs may explore the feasibility of entering into bilateral treaties with the countries with sizable presence of India-Diaspora to the effect that cases related to the dissolution of marriage solemnized in India as per Indian law may not be adjudicated by the courts of other country - unless parties to the marriage unequivocally and willingly submit to the jurisdiction of courts in such other countr," the NCW has argued.