In key changes in the code of criminal procedure (CrPC), the central government has suggested declaring NRI husbands who desert their wives in India and don't respond to court summons in the case thrice as “absconders”. Women and Child Development Minister Maneka Gandhi said properties of such people and their families will be confiscated as per the proposal. “After three summons it will be considered that the man is absconding and his name is proposed to be added to a list of absconders on the MEA website,” she said.
The changes were recommended by an inter-ministerial panel headed by External Affairs Minister Sushma Swaraj. The panel is primarily formed to look into issues related to NRI marriage disputes. Rakesh Srivastava, secretary, WCD Ministry, said, “If three such notices have been served and the person does not appear, it will be assumed that he is evading summons and will be treated as an absconder. The enforcement agencies will be authorised to attach the property of such persons and their families. The MEA has already written to MHA proposing the changes of CrPC.”
The rising number of distressed NRI wives encouraged the government to take several steps. Around 3328 complaints from Indian women with NRI spouses were received by the MEA since 2015. The current amendment sought by the ministry in the code of criminal procedure will allow summons put up on the website of Ministry of External affairs to be considered as “deemed to have been served”, Srivastava added.
Currently, any female who has been deserted by a Non-Resident Indian husband files a police complaint, and the authorities then write to the concerned embassy. The summon is usually served by the embassy.
