• Tuesday, October 23, 2018

Ministry of Women and Child Development regarding NRI Matrimonial disputes.

Discussion in 'Central & South Asia' started by Hindustani78, Apr 17, 2018.

  1. Hindustani78

    Hindustani78 ELITE MEMBER

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    Ministry of Women and Child Development
    17-April, 2018 18:14 IST
    Five Look-out Circulars to be issued by Ministry of Women and Child Development regarding NRI Matrimonial disputes.

    Standard Operating Procedures (SoPs) discussed to streamline the process of dealing with the cases of NRI matrimonial disputes

    The third meeting of the Integrated Nodal Agency (INA), under the chairpersonship of Secretary, Ministry of Women and Child Development(MWCD) was held in the Ministry in New Delhi today. Based on the deliberations during the meeting, it was decided that 5 cases pertaining to the NRI Matrimonial Dispute have been found fit for issuance of Look-out-Circular (LOC) & MWCD will issue those 5 LoCs. The Integrated Nodal Agency has also deliberated on the Standard Operating Procedures (SoPs) to streamline the process of dealing with the cases of NRI matrimonial disputes. The SoPs are also defining the responsibility of concerned authorities with specified timelines and would keep the women informed on the progress.

    Speaking on the issue, Smt. Maneka Sanjay Gandhi , Honourable Minister of Women and Child Development has said that the SOP will enable the women facing such disputes to seek redressal in a time bound manner. She also said that any women can now approach MWCD for the purpose of tracing her NRI husband by having a LoC issued.

    In criminal matter involving NRI’s, Look-out-Circular (LOC) could be issued by the investigating agency in cognizable offences, when the overseas husband is deliberately evading arrest or not appearing in the trial court despite Non Bailable Warrants and other coercive measures or there is a likelihood that he will leave the country to evade trial or arrest. The LoC will be issued after having the case scrutinised by NCW.

    Government of India has been receiving complaints of frauds, abandonment, domestic violence, extra-marital relationships, ex-parte divorce, being duped of money after promising marriage, forceful/illegal retention of children’s custody, non-payment of maintenance etc. A large number of NRI Matrimonial dispute cases remain pending on account of non-appearance of the perpetrator jeopardising women and children’s future. An Integrated Nodal Agency (INA) was constituted under the chairpersonship of Secretary, Ministry of Women and Child Development (MWCD) to work on the issues related to NRI Matrimonial Dispute.. Consequently, three meetings of INA have been conducted since January 2018.

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  2. Hindustani78

    Hindustani78 ELITE MEMBER

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    Ministry of Women and Child Development
    15-May, 2018 18:41 IST
    One more Look-out-Circular issued by Ministry of Women and Child Development regarding NRI Matrimonial disputes.

    The Integrated Nodal Agency (INA), in its meeting held today under the chairpersonship of WCD Secretary, decided to issue one more Look-out-Circular(LoC).

    The INA also recommended that the passport of the concerned person may be impounded/revoked as per provisions of the Passport Act.

    Last month, the Ministry had issued 5 LoCs after examining the complaints received regarding NRI matrimonial disputes.

    In criminal matter involving NRI’s, LoC could be issued by the INA in cognizable offences, when the overseas husband is deliberately evading arrest or not appearing in the trial court despite Non Bailable Warrants and other coercive measures or there is a likelihood that he will leave the country to evade trial or arrest.The LoC will be issued after having the case scrutinised by NCW.

    ***
     
  3. Hindustani78

    Hindustani78 ELITE MEMBER

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    Washington claims 90 per cent of requests for the return of “abducted children” remain unresolved for over a year.

    The United States on Thursday accused certain countries of not adhering to any protocol with respect to international parental child abduction, claiming 90 per cent of requests for the return of “abducted children” remained unresolved for over a year.

    International Parental Child Abduction (IPCA) generally refers to the “wrongful removal” or “wrongful retention” to another country of a child by the child’s parent or guardian.

    It has been tagged thus since 2014

    The State Department in its latest Annual Report on IPCA described many countries as a “non-compliant country,” a tag the country carries since 2014 when the first report came out.

    “Certain Countries does not adhere to any protocols with respect to international parental child abduction. In 2017, India demonstrated a pattern of non-compliance. Specifically, the competent authorities in India persistently failed to work with the Department of State to resolve abduction cases,” the report said.

    “As a result of this failure, 90 per cent of requests for the return of abducted children remained unresolved for more than 12 months. On average, these cases were unresolved for one year and ten months,” it said.

    Other countries on the list
    The 2017 annual report cites countries such as Argentina, Brazil, China, Japan, Jordan, Morocco, Peru, United Arab Emirates, Columbia, Egypt, Panama, Poland, Saudi Arabia, Spain, Tunisia and Ukraine.

    “I am personally committed to pressing these countries to take more effective measures to resolve cases of IPCA on behalf of children and families around the world,” Secretary of State Mike Pompeo said in a forward to the report.

    As a Party to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (Convention), the US believes that the courts in a child’s place of habitual residence should resolve matters of custody, and that abducted children should be promptly returned to their country of habitual residence, Mr. Pompeo said.

    Late action and little action

    “In 2017, the competent authorities in India demonstrated a pattern of non-compliance by regularly declining to work with the Department of State toward the resolution of pending abduction cases. Moreover, the competent authorities have failed to resolve cases,” the State Department said.

    It said the Indian government failed to take “concrete” steps to resolve pending cases despite repeatedly meeting with US officials to discuss abduction cases.

    In 2017, the State Department reported 104 cases of abduction of US children in India. This includes 20 new cases and 84 from the previous years.

    Blame it on marital disputes

    Notably, almost all such cases are results of marital disputes in which one of the parents lives in India with their children and mostly obtains court order to take custody of their kids. The other parent, an American citizen approaches the US court and seeks governmental intervention to obtain custody of their children. In American legal parlance, officials describe this as “abduction of US children.”

    In 2017, the State Department received 11 initial inquiries from parents regarding possible abductions to India in which no additional assistance was requested or necessary documentation was not received as of December 31, 2017, the report said.

    According to the State Department, in 2017, seven abduction cases were resolved through voluntary means.

    Without the Hague Abduction Convention or any other protocols intended to resolve abduction cases, parents generally must pursue custody of abducted children in Indian courts.

    Justice delayed is ...
    “Judicial action in custody cases in India has been slow, and Indian courts tend to default to granting custody to the taking parent. The lack of clear legal procedures for addressing international parental child abduction cases under Indian law makes it difficult for India to resolve these cases,” it said.

    The State Department has said it will continue to encourage India to accede to the Convention and expand public diplomacy activities related to the Convention.