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The NRI Cell of the Women Safety Wing is established to deal with cases wherein NRI spouses or relatives are cited as accused. The main objective is to help the distressed women deserted by NRI spouses in liaison with stakeholders like Embassies, the National Commission for Women, Ministry of External Affairs amongst many others. This cell will act as a platform to share the victims suffering and help them with all possible legal guidance. The cell is empaneled with legal experts to provide assistance to the victims in filing domestic violence and maintenance cases.
NRI Women Safety Cell was formed on 17.07.2019 & inaugurated by Sri M. Mahendar Reddy, IPS, DGP, Telangana State at Women Safety Wing, Telangana State Police, Hyderabad. We intend to provide legal guidance with the support of Network of International legal activists (NILA), an NGO to the aggrieved women in NRI marriage with the support of various stakeholders. We guide the SHOs during investigation of cases related to harassment of NRI spouses/relatives. Training to impose investigative procedures and related documentation is given to the SHOs.
We ensure speedy disposal of pending trial cases by producing the witnesses and execution of NBWs. Suggestions of Legal Experts are taken during the investigation, filing charge sheet and during trial depending on necessity for speedy justice to the victims/complainants of the NRI cases. Coordination platform is envisaged for stakeholders i.e MEA, GAD (TS), RPO, NGOs, Consulates of foreign countries and panel of experts to get the accused back to India.
We collect the details of the cases registered against NRI spouses/relatives across the state. We receive the petitions from the complainants who approach our office.
After receiving the petition, the office collects the information regarding the case and its status from the complainant as well as from the investigating officer by contacting over phone.
As per instructions of the officers, I.Os will be asked to attend the review at the office in presence of the panel of experts.
After review, instructions will be given to the I.Os to fulfil the gaps during the investigation.
We liaison with the Stakeholders like NCW, MEA, MHA, GAD TS, and RPO.
We also collect the information of cases being registered across the state and follow up the status of LOCs and NBWs against the NRI accused.to analyze and to help the victims by understanding the case scenarios.
It is important to know the citizenship and marriage status of your husband. The citizenship status of your husband decides the available legal recourse against him.
You can file a case against the agent and also implead them as accused in the criminal case along with the husband and in-laws.
We have compiled this ready reckoner on precautions. Click here to download the handbook.
The court can issue Warrants and also declare your husband a Proclaimed offender.
ISSUANCE OF WARRANTS
Sections 70 to 79 of the Criminal Procedure Code pertain to issuance of warrants by the criminal court. A Warrant may also be issued by the Court in lieu of and in addition to summons where the Court has reason to believe that the Accused would not obey the summons.
PROCLAIMED ABSCONDER
In the event the warrant is not executed against the accused /husband who resides outside India, the Court is empowered to publish a written proclamation requiring him to appear at a specific place and at a specified time not less than thirty days from the date of publishing such proclamation under Section 82 of the Cr.P.C. The court may also direct attachment of the movable and immovable property of the Offender is ordered by the Criminal Court which is seized of the matter.
In the case of Smt. Neeraja Saraph versus Shri Jaynant Saraph, the Supreme Court suggested the need to consider legislation safeguarding the interests of women. It suggested three specific provisions namely:
1. No marriage between a NRI and an Indian Woman, which has taken place in India, may be annulled by a foreign court.
2. Provision may be made for adequate alimony to the wife in the property of the husband both in India and abroad.
3. The decree granted by Indian courts may be made executable in foreign courts both on the principle of comity and by entering into reciprocal agreements like section 44A of the Civil Procedure Code which makes a foreign decree executable as it would have been a decree passed by the court.
Issue notice under Sec.91 Cr.P.C to the complainant requesting to produce documentary evidence i.e., Marriage Registration Certificate, Wedding Invitation and Photographs of Marriage, Property transferred sale deeds, status of the Passport & visa, travel documents, details of the employer and addresses of the accused in abroad and India which are useful for the purpose of investigation.
1. In the situation that if the Passport/visa renewal is near future, letter can be addressed to RPO, Sec’bad with a request to hold the renewal of the Passport/visa of the accused.
2. Letter can be addressed to NRI Cell, National Commission for Women, New Delhi which review the petitions and take action, narrating the facts of the case with a request to take steps to revoke the Passport of the accused.
3. Letter can be addressed to FRRO, Shamshabad to know the arrivals and departures of the accused to India.
Any person who has reason to believe that the act of Domestic Violence has been or is being or is likely to committed to may give information about it to the Protection Officer who appointed by the State Government. The Dist.Protection Officer make a domestic incident report and send to the Magistrate in such a form and in such a manner as may be prescribed, if the aggrieved persons, who desires, claiming relief for issuance of protection order. The victim or the protection officer or any other person on behalf of victim may present an application to the Magistrate seeking for relief U/s 12 of Domestic Violence act. Then, the Protection Officer verifies and file a Domestic Incident report to the Magistrate concerned for consideration. The copy submitted by the applicant to the Dist. Protection Officer and report of the Protection Officer to the Magistrate concerned are enclosed.
Try to open a bank account in the country of residence, so that you can withdraw money in emergency and be financially independent. Read and understand the laws of the foreign country and your rights there, especially against any form of abuse or neglect, including ill treatment, domestic violence, how to get residence permit, etc. Keep in touch after marriage on phone and email with friends and relatives in the foreign country. Wherever it is possible, learn the language of the country you reside in after marriage.
In the case of Smt. Neeraja Saraph versus Shri Jayant Saraph in 1994, the Supreme Court suggested the need to consider legislation safeguarding the interests of women. It suggested three specific provisions namely:
i. No marriage between an NRI and an Indian woman which has taken place in India, may be annulled by a foreign court.
ii. Provision may be made for adequate alimony to the wife in the property of the husband both in India and abroad.
iii. The decree granted by Indian courts may be made executable in foreign courts both on the principle of comity and by entering into reciprocal agreements like section 44A of the civil procedure code which makes a foreign decree executable as it would have been a decree passed by the court.
First you can contact your family, relatives and friends both in Indian and foreign country and seek their help, advice or assistance. The Indian Mission through their empanelled NGOs, local community welfare associations can assist in filing a case approaching NGOs, contacting your family or seeking legal advice. List of NGOs empanelled with High Commission / Consulate General of India in foreign countries is on the link http://moia.gov.in/writereaddata/pdf/list_indian_women.pdf. You may contact them to seek assistance.
You can ask for a recourse to Look-out-Circular (LOC) to be issued by the investigating agency in cognizable offences under IPC or other penal laws, when the overseas husband is deliberately evading arrest or not appearing in the trial court despite NBWs (Non Bailable Warrants) and other coercive measures and there is a likelihood that he will leave the country to evade trial or /arrest.
