FAQ on Marital Disputes Involving NRI/PIO Spouses
| Sl. No. | Question | Answer |
|---|---|---|
| 1. | I and my husband are residing abroad. How can I get assistance for settlement of marital issues between me and my husband? | You may approach the Indian Mission in the foreign country where you and your husband reside for assistance in resolving your marital dispute. |
| 2. | I am residing in India. How can I get my overseas Indian spouse to come to India for the settlement of our marital dispute? | You may forward your complaint to the Indian Mission in the foreign country where your husband resides. If your husband doesn’t cooperate, you may take judicial recourse. |
| 3. | I am residing abroad. How can I apply for legal and financial assistance provided by the Ministry of External Affairs? | You may approach the Indian Mission in the foreign country in which you reside. |
| 4. | I am residing in India. How can I get assistance in getting maintenance/financial support from my overseas Indian husband? | You may:
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| 5. | What should I do for revocation/impounding of my husband’s passport and for not allowing renewal of his passport? | You may approach a Criminal Court of competent jurisdiction in India for obtaining an appropriate Court Order for revoking/impounding your husband’s passport. |
| 6. | How can I get my husband’s foreign passport revoked/suspended? | Issue of foreign passport does not fall within the jurisdiction of India. You may approach the Embassy of the respective foreign country where your husband resides. |
| 7. | How can I get my husband’s foreign visa suspended/revoked? | Visa-related issues are dealt with by the authorities of the concerned foreign country. You may approach the Embassy of that country for such matters. |
| 8. | How can I get details of visa and employment of my overseas Indian spouse who is residing abroad? | These details are not available with the Ministry of External Affairs. You may approach the Embassy of the foreign country concerned. |
| 9. | How can I get my overseas Indian husband’s application for PR rejected/revoked? | PR is a sovereign matter of the concerned foreign government and beyond the jurisdiction of the Ministry of External Affairs. You may approach the Embassy of the respective foreign country. |
| 10. | How can I get the residence permit of my overseas Indian husband cancelled? | You may approach the Embassy of the foreign country where your husband resides for assistance and guidance. |
| 11. | I am residing in India. I request the Ministry to take legal action against my overseas Indian husband. | You are requested to state specific issues in your complaint. You may:
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| 12. | My child has been taken by my overseas Indian husband without my consent to a foreign country. I want to reunite with my child. What should I do? | You may:
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| 13. | I am residing in India. How can I communicate with my children who are in the custody of my husband abroad? | You may file a case in a Court of competent jurisdiction in India and obtain a court order to facilitate communication with your children. |
| 14. | How can I locate the whereabouts of my overseas Indian husband who is not in touch with me? | You may:
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| 15. | How can I deport my husband who is residing abroad to India? | You may:
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| 16. | How can I stop my husband who is trying to flee the country? | You may:
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| 17. | I am residing in India. How can I initiate criminal proceedings against my overseas Indian spouse? | You may file a case in a criminal court of competent jurisdiction in India. |
| 18. | What is the procedure for the service of judicial process including summons/show-cause notices etc. upon my spouse residing outside India? | Service in civil matters is regulated by the Ministry of Law & Justice (Joint Secretary & Legal Adviser, “A” Wing, Shastri Bhawan, New Delhi). In criminal matters, it is carried out by the Ministry of Home Affairs (Joint Secretary (IS-II), NDCC-II Building, Jai Singh Road, New Delhi – 110001). |
| 19. | I am residing in India. My overseas Indian husband has deserted me or subjected me to dowry harassment/domestic violence. What should I do? | You may:
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| 20. | I am residing with my overseas Indian husband in a foreign country. He has deserted me or is subjecting me to harassment. What should I do? | You may approach the Indian Mission in that country to file a complaint with local police. The Mission can connect you with local Indian Associations/NGOs, and help you access legal and financial assistance. Details are available on the Embassy’s website. |
| 21. | How can I get a Red Corner Notice issued against my overseas Indian husband? | You may:
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| 22. | I am residing in India. I have been thrown out of my matrimonial home by the relatives of my overseas Indian husband. How can I retrieve my belongings? | You may file a case in a court of competent jurisdiction in India. |
| 23. | I am residing with my overseas Indian husband in a foreign country. I have been thrown out of my matrimonial home. How can I retrieve my belongings? | You may approach the Indian Mission in the foreign country for assistance and guidance. |
| 24. | I am residing in India and my overseas Indian husband has married another woman without divorcing me. What should I do? | You may file a case in a court of competent jurisdiction in India. |
| 25. | How can I take action against my overseas Indian husband for cyber harassment? | You may register your complaint on the National Cyber Crime Portal. |