Question : Summons to NRI Husbands on Marital Disputes

(a) whether the Ministry proposes to bring any amendment in Criminal Law or in the Criminal Procedure Code to allow a summons posted on the website of Ministry of External Affairs to be treated as ‘deemed to have been served’ to NRI husbands against whom complaints of deserting their wives have been registered and if so, the details thereof;

(b) whether the proposed changes will allow for the confiscation of the property of NRI husbands for not responding to repeated notices issued to them and if so, the details thereof;

(c) whether the Ministry has consulted the Ministries of External Affairs and Home Affairs about the proposed amendments;

(d) if so, the details thereof; and

(e) the time by which the proposed amendments in the criminal law is likely to be made?

MINISTER OF STATE IN THE MINISTRY OF WOMEN AND CHILD DEVELOPMENT
(DR. VIRENDRA KUMAR)

(a) to (e) : An Expert Committee was constituted by Ministry of External Affairs (MEA) under the chairpersonship of Justice Arvind Kumar Goel to identify legal and regulatory challenges faced by Indian nationals married to overseas Indian nationals and to suggest amendments in existing Acts/legislations or new policies/laws/regulations. Thereafter, on 20th December, 2017, an Integrated Nodal Agency was constituted under the chairpersonship of Secretary, Women and Child Development having representation from Ministries of Home, External Affairs and Law & Justice. In the 2nd meeting of INA held on 30th January, 2018, it was decided to examine the legality of "Posting Summons/warrants on the newly created website of the Ministry of External Affairs, which will be ‘deemed to have been served’ once posted" and "Attachment of property of the erring spouse if he/she did not present himself/herself before the Court after serving three Notices/Summons posted on the MEA’s website".

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