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India Scheme for Deserted/Divorcing Indian Women Abroad

This scheme has been initiated by the Ministry of Overseas Indian Affairs, Government of India for the welfare of Indian women abroad. The scheme aims to provide financial, counseling and legal assistance to women deserted by overseas Indian spouses.

In the current year the Ministry of Overseas Indian Affairs would initially sanction Rs. 40 lakhs each to the Indian Missions in USA, UK, Canada, Australia, and the Gulf subject to review next year. Thus, in the current year the budget provision for this scheme is Rs. 2 crore.

Scope of and Eligibility for the Scheme:

The scheme would be available to the women who have been deserted by their overseas Indian spouses or are facing divorce proceedings in a foreign country subject to the following conditions:

1. The woman is an Indian passport holder.
2. The marriage of the woman has been solemnised and registered in India.
3. The woman is deserted in India or after reaching abroad within two years of the marriage.
4. Divorce proceedings are initiated within two years of the marriage by her overseas Indian spouse.
5. An ex-parte divorce has been obtained by the overseas Indian spouse and a case for maintenance and alimony is to be filed.
6. The scheme would not be available to a woman facing criminal charges or having a criminal case decided against her.
7. The domicile of the woman seeking relief under the scheme is not relevant for allowing the benefit. The woman may be domiciled in the country of her overseas Indian spouse or in India at the time of making the application.
8. Preference may be given to applicants on the basis of financial needs.
9. Assistance will be limited to meeting initial cost and incidental charges for documentation and filing of the case by the Indian women’s organisation/NGO on the woman’s behalf.
10. The assistance will be limited to US $1000 per case and will be released to the Indian community organisations/NGO concerned to enable it to take steps to assist the woman in documentation and preparatory work for filing the case.
11. The women’s organisation/NGO will make efforts to enlist community advocates, preferably women advocates, to extend further legal assistance/ appearance in court etc on a pro-bono basis.

Whom to contact?

In case of assistance or filing complaint against the exploitation at the hands of their husbands or in-laws, Indian women overseas can contact Indian Missions in the country where they are residing. Indian Women’s organisations, Indian Community Associations, and NGOs abroad can also be contacted by the Indian women. These organisations provide legal aid to the victims in distress and whose names have been approved by the Ministry of Overseas Indian Affairs.  The applications for providing legal aid received by the Missions would be examined by an officer designated by the Head of the Mission on case-to-case basis and approved by Head of Mission/Deputy Chief of the Mission.

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