FAQs 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 providing possible 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, to contact your spouse for settlement of marital dispute. In case your husband doesn’t cooperate with such settlement, 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:-

1. File a case in a Court of competent jurisdiction in India
2. Approach the Indian Mission in the foreign country in which your husband resides for seeking assistance and guidance

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 appropriate Court Order for revoking/ impounding passport of your husband

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 in which your husband resides.

7.

How can I get my husband’s Foreign Visa suspended/ revoked?

Visa related issues are dealt by the authorities of the concerned foreign country who issued your husband’s foreign Visa. You may approach the Embassy of the foreign country in which your husband resides for VISA related issues.

8.

How can I get details of Visa and Employment of my overseas Indian spouse who is residing abroad?

Details of Visa or employment of individuals are not available with the Ministry of External Affairs. You may approach the Embassy of the foreign country to get access to such details.

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 it is beyond the jurisdiction of the Ministry of External Affairs. You may approach the Embassy of the respective foreign country in which your husband resides.

10.

How can I get the Residence Permit of my overseas Indian husband cancelled?

You may approach the Embassy of the foreign country in which 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:-

1. Notify Police authorities in the local area where you reside or where the matrimonial house is located
2. Approach the National Commission for Women for legal assistance and guidance

12.

My child has been taken by my overseas Indian husband without my consent to foreign country. I am residing in India. I want to reunite with my child. What should I do?

You may:-

1. Register case on MADAD Portal
2. Approach NCPCR (Mediation Cell), Ministry of Women and Child Development (Child Welfare Division)
3. File case for child custody in India
4. Make a complaint to the Embassy of the foreign country where the child has been taken
5. File case against your husband in the foreign country where he resides

13.

I am residing in India. How can I communicate with my children who are in the custody of my husband who is living abroad?

You may file a case in a Court of competent jurisdiction in India and obtain court order for facilitating 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:-

1. Forward your complaint to the Indian Mission in the foreign country in which your husband resides along with the correct passport number and contact details of your husband
2. Approach the Indian Mission in the foreign country in which the husband resides
3. Access the list of Indian Associations/ NGOs from the website of Indian Embassies for further details

15.

How can I deport my husband who is residing abroad to India?

You may:-

1. File a case in Court
2. Serve the summons/ Notices/ Warrants for arrest against your husband living abroad through Ministry of Home Affairs
3. Approach the Indian Embassy in the country where your husband resides

16.

How can I stop my husband who is trying to flee the country?

You may:-

1. Approach the Senior Police Authorities to issue Look Out Circular (LOC) against your husband.
2. File a case in Court to stop the husband from fleeing the country

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 the geographical limits of India?

Service of judicial process outside India including summons/show-cause notices etc., in Civil Matters is regulated by the Ministry of Law & Justice (Joint Secretary & Legal Adviser, ”A” Wing, Shastri Bhawan, New Delhi.

Service of judicial process outside India including summons/show cause notices etc., in Criminal Matters, is carried out by the Ministry of Home Affairs (Joint Secretary (IS-II), NDCC-II Building, Jai Singh Road, New Delhi – 110 001)

19.

I am residing in India. My overseas Indian husband has deserted me/ subjected me to dowry harassment/ domestic violence. What should I do?

You may:-

1. File a case in a Court of competent jurisdiction in In
2. Approach the National Commission for Women for legal assistance and guidance.

20.

I am residing with my overseas Indian husband in foreign country. He has deserted me/ is subjecting me to dowry harassment/ domestic violence. What should I do?

You may approach the Indian Mission in the country in which you are residing for seeking assistance to file complaint with the local police. The Mission can put you in touch with the local Indian Association/ Organization/ NGOs and also to provide you with legal and financial assistance in case you decide to take legal/ judicial recourse in the foreign country.

You can access the list of local Indian Association/ Organization/ NGOs, lawyers in the foreign country from the website of the Indian Embassy in that country.

21.

How can I get a Red Corner Notice issued against my overseas Indian husband?

You may:-

1. Get F.I.R. registered with local Police Authorities
2. Take judicial recourse

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 belongings and documents from the matrimonial home?

You may file a case in a Court of competent jurisdiction in India to retrieve your belongings.

23.

I am residing with my overseas Indian husband in foreign country. I have been thrown out of my matrimonial home by my husband. How can I retrieve belongings and documents from the matrimonial home?

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 National Cyber Crime Portal