An estimated 40,000 deserted wives are reported to be living in India alone. These cases of desertion usually occur where NRI (Non-Resident Indian) grooms are involved. These grooms, of Indian origin, come to India from countries around the world (mainly U.S.A, UK, Canada, Australia) – marry Indian women and go back to the countries of their residence leaving their wives behind. UK Spouse Visa holders are now deserting Indian women.

In most of these cases, the groom and his family have demanded and collected dowry, Spouse Visa UK fee along with other gifts from the bride’s family based on the argument that the bride would have an opportunity to settle in a foreign country, have misinformed the bride’s family regarding their details, and have had a physical relationship with the bride. These instances of desertion have been most commonly seen in the state of Punjab, followed by Andhra Pradesh and Gujarat. In these cases, the marriage is a con and the NRI grooms the conmen.

These deserted wives suffer from the lack of financial and social support as, in most cases, they are refused by their own family as well.

The government of India has struggled for the past 2 decades to put an end to this crime with hardly any notable success. The efforts made by the Indian government to have these criminals extradited from the countries of their residence have failed. The foreign courts and governments do not consider ‘desertion of wives’ a serious enough crime to facilitate extradition. Stringent laws are required to be put in place to facilitate justice for the thousands of women who have suffered this plight through UK Spouse Visa.

The Registration of Marriage of Non-Resident Indian Bill, 2019 has been introduced in the Rajya Sabha (Upper house of the Indian parliament) in February of this year,

• To mandate the registration of every marriage that takes place between an Indian resident and an NRI or between two NRI’s, in India or outside, within 30 days of the solemnisation of such marriage.
• To amend the Passport Act, 1967 such that, in the event, the NRI(s) fails to register marriage within the stipulated time, the Passport Authority would be empowered to cancel their passport or travel document.
• To amend the code of criminal procedure, 1973 to facilitate the serving of summons to NRIs accused of desertion by uploading the same on a proposed ‘designated website of the Ministry of External Affairs’

If after the issuance of summons and court notices on the proposed designated website, the accused NRI fails to appear before the court, the court may order the attachment of property (movable and immovable) belonging to the said accused.

The entire procedure needs to be adhered before applying for Spouse Visa UK.

Proposed legislation aside, let us look at the immediate remedies available to the women who are currently faced with desertion in India or abroad through UK Spouse Visa:

• Present Indian law allows the deserted wife to file a criminal complaint against her husband and in-laws, under IPC (Indian Penal Code) Sec. 498A which provides for Cruelty against a woman by either her husband or any relative of the husband.
  • A complaint may even be filed by a woman who has suffered desertion outside India and has returned to India thereafter.
• File a complaint with NCW and other women’s rights organisations and NGOs for assistance.
• If the wife of an NRI has been deserted and/or subjected to harassment or cruelty in a foreign country, it is advised that the local police authority and the Indian embassy of the said country be contacted immediately.
• The Ministry of Overseas Affairs (MOIA) operates a scheme with the support of local NGOs and legal organisations associated with the Indian Embassy/Consulate of those countries (inclusive of UK, USA, Canada, New Zealand,Australia,Malaysia, Singapore and the Gulf countries such as Oman, Bahrain, Kuwait, Qatar, KSA and UAE)

This scheme provides financial assistance to deserted Indian women who apply for the same through the Indian embassy/consulate.

If these precautions are not fulfilled, then there are chances of Spouse Visa UK refusal.

The current state of remedies available to the deserted wives do not adequately address the issue or provide a speedy result or support for the women in that position.

As a general practice, precaution is better than the current or proposed remedies of the State. Certain precautions that Indian women, intending to marry an NRI or through UK Spouse Visa, must take before getting married to the said person are:

1. Conduct a thorough background check of the NRI through common social connections and if need be, take the help of local (the country of NRI’s residence) NGOs and other institutions willing to provide information regarding the person.
2. As far as possible, verify the information supplied by him through documents and social media checks. Ask as many questions as possible to ascertain as many details regarding his employment, social circle etc.
3. Please consider a demand for dowry as a warning sign for the non-genuineness of the proposed marriage.
4. Insist on the registration of the marriage after the ceremonial wedding.
5. Your parents and you must have copies of the NRI’s passport, visa, residential address, employer and other relevant documents.

Our UK Spouse Visa experts at the SmartMove2UK [a division of SmartMove Immigration] have assisted more than 2000 people to migrate all over the world over the recent 500 weeks. We are experts in all kinds of UK visas. To ensure that your application has the best chance of success and to avoid additional delays or costs you can contact us at +91 98191 27002 or email us at info@smartmove2uk.com and book your consultation appointment.

You can find our presence in New Delhi, Bengaluru as well as Mumbai is our registered office along with international boundaries extending to London.