Women in distress can also call the National Commission for Women 24×7 helpline, and Indian nationals in Chile can call the Embassy’s 24×7 emergency helpline.
Questions and answers
1. My husband and I live abroad. How can I get help to settle our marital issues?
Approach the Indian Mission in the foreign country where you and your husband live for possible assistance in resolving your marital dispute.
2. I live in India. How can I get my overseas Indian spouse to come to India to settle our marital dispute?
Forward your complaint to the Indian Mission in the country where your husband lives, so that it can contact your spouse for settlement. If your husband does not cooperate, you may take judicial recourse.
3. I live abroad. How can I apply for the legal and financial assistance provided by the Ministry of External Affairs?
Approach the Indian Mission in the foreign country where you live.
4. I live in India. How can I get maintenance or financial support from my overseas Indian husband?
- File a case in a court of competent jurisdiction in India.
- Approach the Indian Mission in the country where your husband lives for assistance and guidance.
5. What should I do to have my husband’s Indian passport revoked or impounded, or to stop its renewal?
Approach a criminal court of competent jurisdiction in India for an order to revoke or impound your husband’s passport.
6. How can I get my husband’s foreign passport revoked or suspended?
Foreign passports are not within India’s jurisdiction. Approach the Embassy of the foreign country where your husband lives.
7. How can I get my husband’s foreign visa suspended or revoked?
Visa issues are dealt with by the authorities of the foreign country that issued the visa. Approach the Embassy of the foreign country where your husband lives.
8. How can I get details of the visa and employment of my overseas Indian spouse?
These details are not available with the Ministry of External Affairs. Approach the Embassy of the foreign country to access them.
9. How can I get my overseas Indian husband’s application for permanent residence rejected or revoked?
Permanent residence is a sovereign matter of the foreign government and beyond the jurisdiction of the Ministry of External Affairs. Approach the Embassy of the foreign country where your husband lives.
10. How can I get the residence permit of my overseas Indian husband cancelled?
Approach the Embassy of the foreign country where your husband lives for assistance and guidance.
11. I live in India. I want the Ministry to take legal action against my overseas Indian husband.
State specific issues in your complaint. You may:
- notify the police where you live or where the matrimonial house is located;
- approach the National Commission for Women for legal assistance and guidance.
12. My overseas Indian husband has taken our child abroad without my consent. I live in India and want to be reunited with my child.
- Register a case on the MADAD portal.
- Approach the NCPCR (Mediation Cell), Ministry of Women and Child Development (Child Welfare Division).
- File a case for child custody in India.
- Complain to the Embassy of the foreign country where the child has been taken.
- File a case against your husband in the country where he lives.
13. I live in India. How can I communicate with my children who are in the custody of my husband abroad?
File a case in a court of competent jurisdiction in India and obtain a court order to facilitate communication with your children.
14. How can I locate my overseas Indian husband who is not in touch with me?
- Forward your complaint to the Indian Mission in the country where your husband lives, with his correct passport number and contact details.
- Approach the Indian Mission in that country.
- See the list of Indian associations and NGOs on the website of the Indian Embassy.
15. How can I have my husband who lives abroad deported to India?
- File a case in court.
- Serve summons, notices or arrest warrants on your husband abroad through the Ministry of Home Affairs.
- Approach the Indian Embassy in the country where your husband lives.
16. How can I stop my husband who is trying to flee the country?
- Approach senior police authorities to issue a Look Out Circular (LOC) against your husband.
- File a case in court to stop him from leaving the country.
17. I live in India. How can I start criminal proceedings against my overseas Indian spouse?
File a case in a criminal court of competent jurisdiction in India.
18. How are summons and other judicial documents served on my spouse outside India?
In civil matters, service of judicial process outside India is regulated by the Ministry of Law & Justice (Joint Secretary & Legal Adviser, “A” Wing, Shastri Bhawan, New Delhi). In criminal matters, it 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 live in India. My overseas Indian husband has deserted me or subjected me to dowry harassment or domestic violence.
- File a case in a court of competent jurisdiction in India.
- Approach the National Commission for Women for legal assistance and guidance.
20. I live with my overseas Indian husband abroad. He has deserted me or is subjecting me to dowry harassment or domestic violence.
Approach the Indian Mission in the country where you live for help to file a complaint with the local police. The Mission can put you in touch with local Indian associations, organisations and NGOs, and can provide legal and financial assistance if you decide to take legal action in that country. Lists of local Indian associations, NGOs and lawyers are on the website of the Indian Embassy in that country.
21. How can I get a Red Corner Notice issued against my overseas Indian husband?
- Get an FIR registered with the local police.
- Take judicial recourse.
22. I live in India and have been thrown out of my matrimonial home by my husband’s relatives. How can I retrieve my belongings and documents?
File a case in a court of competent jurisdiction in India to retrieve your belongings.
23. I live with my overseas Indian husband abroad and he has thrown me out of the matrimonial home. How can I retrieve my belongings and documents?
Approach the Indian Mission in that country for assistance and guidance.
24. I live in India and my overseas Indian husband has married another woman without divorcing me.
File a case in a court of competent jurisdiction in India.
25. How can I act against my overseas Indian husband for cyber harassment?
Register your complaint on the National Cyber Crime Reporting Portal.
Printable version: FAQ on Marital Disputes Involving NRI/PIO Spouses PDF