Indians find it easier to divorce wives abroad

1,000s of unions solemnised here end under foreign laws

With no support from the Union of India when it comes to financial assistance for deserted Indian wives to contest legal proceedings in foreign courts, thousands of marriages solemnised under Indian personal laws are being dissolved under foreign laws.

It’s common for men living in foreign countries to get divorces by invalid service of summons. The problem becomes acute when marriages are dissolved ex-parte. In these circumstances, the wife, who is living in India, is unable to attend proceedings in the foreign court due to the expensive nature of legal proceedings in foreign courts, travel expenses and visa issues.

According to statutory provisions of the Hindu Marriage Act, 1955, and the judgment of the Supreme Court in the case of Y. Narasimha Rao and others versus Y. Venkatalakshmi, divorces granted by foreign courts on grounds such as “irreconcilable differences” in the absence of the respondent were actually null and void.

Ms Vasudha Nagaraj, a practising advocate of the Hyderabad High Court, said marriages are routinely dissolved in foreign courts despite the established legal position.

She said that in the year 2007, an inter-ministerial sub-committee was set up to discuss ways and means to address the growing needs of Indian women abandoned by their overseas Indian spouses.

Ms Nagaraj explained that the committee was constituted under the chairmanship of the Secretary, Ministry of Overseas Indian Affairs, and with representatives from the Ministry of Home Affairs, Ministry of External Affairs, Ministry of Women and Child Development, Ministry of Law and Justice, National Commission for Women, National Human Rights Commission and State Governments of Punjab and AP as members. But despite the committee making several recommendations, including that an Indian bride’s case should not go unrepresented, is an ongoing litigation in a foreign court, no effort has been made to implement the recommendations till date.

Ms Nagaraj also explained that the committee on July 7, 2008, decided to enter into a Mutual Legal Assistance Treaty (MLAT) with foreign countries with a high proportion of Indians living in their jurisdictions. But that hasn't translated into any tangible benefits till now.

“As a last resort, we moved the Hyderabad High Court, seeking a direction to the Union of India and other ministries for implementation of the committee’s recommendations and for entering MLATs with foreign countries,” she said.