Noting that the issue relating to desertion of wives by their non-resident Indian (NRI) husbands is of “great concern”, the Delhi High Court on Monday sought the response of various Ministries on it.
A Bench of Chief Justice Rajendra Menon and Justice V.K. Rao said it would examine a plea seeking framing of guidelines concerning protection of rights and safeguarding of interest of women deserted by NRI husbands.
The Bench sought response of Ministries of Law and Justice, External Affairs, Home Affairs and Child and Women Development as also the National Human Rights Commission and National Commission for Women on the petition filed by Delhi Sikh Gurdwara Management Committee (DSGMC).
The Bench has posted the case for hearing on January 9.
DSGMC’s counsel raised the issue of wives being deserted and abandoned by their NRI husbands on various grounds, including dowry. This shatters their dreams, reducing them to hapless individuals without any fault of theirs, it maintained.
The plea said a woman is entitled to equal enjoyment and protection of all human rights and fundamental freedoms and there is an urgent need to focus on the ever growing complaints where a wife is deserted by her NRI husband.
Pattern of exploitation
The plea mentioned the pattern of exploitation, which include cases where the woman learns on reaching her husband’s residence in the other country that he is already married to someone else and continues to live with her.
It also said that the woman is sent back to India by her husband with a promise of calling her back, but she is left behind without passport, visa and money, thus leaving her without any way to rejoin her spouse.
It said that women who seek the aid of criminal justice system to prosecute her husband and in-laws for dowry demands and cruelty are left handicapped as trial fails to proceed because the offender spouse would not come to India to face the proceedings.
The plea sought direction to the authorities to constitute high-level committee to frame guidelines concerning protection of rights and safeguarding of interest of women who are deserted by NRI husbands and to strengthen the enforcement of such guidelines by streamlining the law.
