HYDERABAD: There are 60 complaints before the Women’s Commission of Telangana, regarding women who have been divorced by NRI husbands and been left to fend for themselves. The peculiarity of all the cases is that the husband, who may have either Indian citizenship or foreign citizenship, may approach the court of law in the foreign country to terminate the marriage. The wife then has to fight a complex legal battle to get her rights.
In a recent complaint before the state commission, a mother of two is struggling to get back custody of her children. She, a dependent visa holder, was sent back to India by her husband, a green card holder, on some vague pretext. The husband applied for a divorce in the US and sent the divorce notice to the wrong address so that she could not contest the petition.
The divorce was granted ex parte, and one of the provisions was that she must pay maintenance of $75 every month for the upkeep of her children who are with her husband. She has been denied custody of the children as they are now US citizens, and has to pay for their upkeep as well. A recent PIL in the Hyderabad High Court filed by Archana Pyadah revealed that though the ministry of external affairs gives legal aid of $3000, the amount is too little for a woman to fight a legal case abroad.
The problem is that the law is different in India and foreign countries. Abroad, irreconcilable differences are enough cause to get a divorce decree. In India, it has to be obtained under one of the marriage acts that include harassment and violence. They may even transfer their property and money to someone else’s name to escape paying alimony, explains advocate Vani Suri. It is this provision of Indian law that husbands try to escape. "Green card holders especially can claim security under their citizenship. They may even transfer their property and money to someone else's name to escape paying alimony," explains advocate Vani Suri.
In another case, a wife challenged the foreign court's divorce decree and applied for maintenance and restitution of conjugal rights. But she did not have the overseas address of her husband and so the maintenance could not be enforced in a proper manner, adds advocate Anita Salabh.
