Transnational marriages to Non-Resident Indians (NRIs) residing in the UK are
often seen as a passport to a better life. Yet, for a growing number of Indian
women, this dream quickly dissolves into a nightmare of abuse, abandonment, and
devastating legal battles, particularly concerning the rightful return of their
Stridhan.
These cases expose a complex web
of legal, cultural, and financial vulnerabilities that leave women stranded,
both in a foreign land and upon their eventual, often forced, return to India.
The Atrocities Abroad: Isolation
and Abuse
The troubles for the Indian bride
often begin soon after she arrives in the UK. Isolated from her family and
social support network, her dependent visa status ties her fate directly to her
husband and in-laws, making her acutely vulnerable to control and abuse.
(a) Dowry Related
Harassment: Despite being illegal in both countries, demands for more dowry
often escalate after the marriage. Inability to meet these demands is a
frequent trigger for violence, cruelty, and eventual abandonment.
(b) Vulnerability through
Visa Status: A significant leverage point for the abusive spouse is the threat
to cancel the wife's visa or deny its renewal. This leaves the woman in
constant fear of deportation and without the right to work or access crucial
social services, effectively trapping her in the abusive marriage.
(c) Physical, Emotional,
and Financial Abuse: Reports highlight various forms of cruelty, including
physical and sexual abuse, confinement, and severe financial exploitation. This
economic abuse often involves controlling bank accounts, forcing the woman to
send money back to the husband's family, or denying her basic sustenance.
(d) Abandonment: A stark
reality for many is outright abandonment, where the husband either forces the
wife to return to India or leaves her in the UK with no financial or social
support, often concealing his property, job, or even a previous marriage.
The Fight for Stridhan: A Cross
Border Legal Nightmare
Stridhan, the property (gifts,
jewellery, and money) a woman receives before, during, and after her marriage,
is her absolute legal property under Indian law. However, reclaiming it from an
estranged NRI husband in the UK becomes a Sisyphean task.
1) The Problem of
Jurisdiction: Divorce and property cases involving NRIs are complicated by
multiple jurisdictions. A husband may obtain a quick, ex-parte divorce in the
UK without the wife's knowledge or proper legal representation, making it difficult
to challenge the decree or pursue ancillary claims in India.
2) The Stridhan Stalemate:
When the wife returns to India, she must initiate legal proceedings for the
return of her Stridhan, often filing a criminal complaint under Section 406 IPC
(Criminal Breach of Trust) or a civil suit. However, prosecuting a defendant
residing abroad, serving summons, and enforcing a court order against assets in
the UK is a protracted and financially draining process.
3) Lack of Enforcement:
Even with a favourable court order in India, enforcing maintenance or property
decrees across borders is nearly impossible without mutual enforcement
agreements between India and the UK.
Difficulties After Returning to
India
Returning home often does not
mark the end of the struggle; it simply changes the battleground.
1. Social Ostracism and
Stigma: An abandoned or divorced woman, especially one who returns from an NRI
marriage, often faces social ostracism and stigma, which can be compounded by
the family's financial devastation from the failed marriage and litigation.
2. Financial Devastation:
Years of legal battles, both in the UK and India, coupled with a lack of
maintenance and the non-return of Stridhan, leaves the women and their families
financially ruined.
3. Legal Labyrinth: The
need to coordinate legal action between Indian courts (for divorce,
maintenance, and Stridhan) and foreign jurisdictions for enforcement is a
complex and lengthy process that few can navigate without significant external
support.
The Path to Justice and
Protection
To combat this emerging form of
violence, victims must be empowered with knowledge and support:
Seek Diplomatic and Legal
Assistance: Indian Embassies and Consulates in the UK operate schemes to
provide legal and financial assistance to deserted Indian women. The Ministry
of External Affairs (MEA) and the National Commission for Women (NCW) in India
have dedicated cells for NRI marriage disputes.
Document Everything: Women are
advised to meticulously document all evidence: marriage certificates, financial
records, communications, and proofs of abuse.
Legal Assistance: Consult a
family lawyer for all your questions so that he/she can guide you to overcome
all the legal barriers.
1. Legal Recourse in India (CrPC
and BNSS)
Maintenance and
Enforcement: The process for claiming maintenance under Section 125 of the
Criminal Procedure Code (CrPC) will be governed by Section 144 of the Bharatiya
Nagarik Suraksha Sanhita (BNSS). This allows the court to order the husband to
pay monthly maintenance and permits punitive action (warrant or imprisonment)
against the husband for non compliance.
Passport Impounding: Indian
courts retain the power to order the impounding or revocation of the husband's
Indian passport if he fails to comply with judicial summons or orders.
2. Financial and Diplomatic Aid
MEA Welfare Scheme: The
Ministry of External Affairs (MEA) provides crucial financial and legal
assistance (up to USD 3,000 for the UK) to deserted Indian women abroad. This
aid is channelled through Indian Missions to cover essential legal costs and
provide emergency support.
3. UK Based Immigration and
Support
Destitution Domestic Violence
Concession (DDVC): For victims of domestic abuse on dependent visas in the UK,
the DDVC allows a temporary switch to an independent immigration status,
providing access to public funds and shelter. This is a vital first step before
applying for permanent residency under the UK's Domestic Violence Rule.
4. NGO Support: Organizations
like Southall Black Sisters continue to offer essential non-legal support,
counselling, and referrals to help victims navigate the legal and social
circumstances.
Key Landmark Supreme Court
Judgments
Protecting Stridhan: Pratibha
Rani v. Suraj Kumar & Anr. (1985)
This foundational ruling
established that Stridhan is the absolute property of the wife, and its
dishonest retention constitutes Criminal Breach of Trust. This is the basis for
filing criminal charges for its recovery in India.
Challenging Foreign Divorce
Decrees: Y. Narasimha Rao v. Y. Venkata Lakshmi (1991)
This is the critical
judgment on jurisdiction, holding that a divorce decree obtained from a foreign
court (like a UK court) by an NRI husband will not be automatically recognised
as valid in India. The decree must be fair and satisfy the non conclusiveness
criteria of Section 13 of the Civil Procedure Code (CPC).
Preventing Evasion of Justice:
Vikas Aggarwal v. Anubha (2002)
The core principle that an NRI
husband cannot use his residence abroad to evade the jurisdiction and summons
of Indian courts is upheld. Courts can impose stringent measures, such as
striking off the husband's defence in a maintenance suit, if he fails to
appear.
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