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FAQ on Marital disputes involving NRI/PIO spouses

Sl. No.

Question

Answer

1.

I and my husband are residing abroad. How can I get assistance for settlement of marital issues between me and my husband?

You may approach the Indian Mission in the foreign country where you and your husband reside for providing possible assistance in resolving your marital dispute

2.

I am residing in India. How can I get my overseas Indian spouse to come to India for the settlement of our marital dispute?

You may forward your complaint to the Indian Mission, in the foreign country where your husband resides, to contact your spouse for settlement of marital dispute. In case your husband doesn’t cooperate with such settlement, you may take judicial recourse. 

3.

I am residing abroad. How can I apply for legal and financial assistance provided by the Ministry of External Affairs?

You may approach the Indian Mission in the foreign country in which you reside.

4.

I am residing in India. How can I get assistance in getting maintenance/ financial support from my overseas Indian husband

You may:-

  1. File a case in a Court of competent jurisdiction in India

  2. Approach the Indian Mission in the foreign country in which your husband resides for seeking assistance and guidance

5.

What should I do for revocation/ impounding of my husband’s passport and for not allowing renewal of his passport.

You may approach a Criminal Court of competent jurisdiction in India for obtaining appropriate Court Order for revoking/ impounding passport of your husband

6.

How can I get my husband’s foreign passport revoked/ suspended?

Issue of Foreign Passport does not fall within the jurisdiction of India. You may approach the Embassy of the respective foreign country in which your husband resides.

7. 

How can I get my husband’s Foreign Visa suspended/ revoked?

Visa related issues are dealt by the authorities of the concerned foreign country who issued your husband’s foreign Visa. You may approach the Embassy of the foreign country in which your husband resides for VISA related issues.

8.

How can I get details of Visa and Employment of my overseas Indian spouse who is residing abroad?

Details of Visa or employment of individuals are not available with the Ministry of External Affairs. You may approach the Embassy of the foreign country to get access to such details.

9.

How can I get my overseas Indian husband’s application for PR rejected/ revoked?

PR is a sovereign matter of the concerned foreign government and it is beyond the jurisdiction of the Ministry of External Affairs. You may approach the Embassy of the respective foreign country in which your husband resides.

10.

How can I get the Residence Permit of my overseas Indian husband cancelled?

You may approach the Embassy of the foreign country in which your husband resides for assistance and guidance.

11.

I am residing in India. I request the Ministry to take legal action against my overseas Indian husband.

You are requested to state specific issues in your complaint. You may:-

  1. Notify Police authorities in the local area where you reside or where the matrimonial house is located 

  2. Approach the National Commission for Women for legal assistance and guidance

12.

My child has been taken by my overseas Indian husband without my consent to foreign country. I am residing in India. I want to reunite with my child. What should I do? 

You may:-

  1. Register case on MADAD Portal

  2. Approach NCPCR (Mediation Cell), Ministry of Women and Child Development (Child Welfare Division) 

  3. File case for child custody in India

  4. Make a complaint to the Embassy of the foreign country where the child has been taken

  5. File case against your husband in the foreign country where he resides

13.

I am residing in India. How can I communicate with my children who are in the custody of my husband who is living abroad?

You may file a case in a Court of competent jurisdiction in India and obtain court order for facilitating communication with your children. 

14.

How can I locate the whereabouts of my overseas Indian husband who is not in touch with me?

You may:-

  1. Forward your complaint to the Indian Mission in the foreign country in which your husband resides along with the correct passport number and contact details of your husband

  2. Approach the Indian Mission in the foreign country in which the husband resides

  3. Access the list of Indian Associations/ NGOs from the website of Indian Embassies for further details

15.

How can I deport my husband who is residing abroad to India?

You may:-

  1. File a case in Court

  2. Serve the summons/ Notices/ Warrants for arrest against your husband living abroad through Ministry of Home Affairs

  3. Approach the Indian Embassy in the country where your husband resides

16. 

How can I stop my husband who is trying to flee the country?

You may:-

  1. Approach the Senior Police Authorities to issue Look Out Circular (LOC) against your husband.

  2. File a case in Court to stop the husband from fleeing the country

17.

I am residing in India. How can I initiate criminal proceedings against my overseas Indian spouse?

You may file a case in a criminal court of competent jurisdiction in India.

18.

What is the procedure for the service of judicial process including summons/show-cause notices etc. upon my  spouse residing outside the geographical limits of India?

Service of judicial process outside India including summons/show-cause notices etc., in Civil Matters is regulated by the Ministry of Law & Justice (Joint Secretary & Legal Adviser, ”A” Wing, Shastri Bhawan, New Delhi.

Service of judicial process outside India including summons/show cause notices etc., in Criminal Matters, is carried out by the Ministry of Home Affairs (Joint Secretary (IS-II), NDCC-II Building, Jai Singh Road, New Delhi – 110 001) 

19.

I am residing in India. My overseas Indian husband has deserted me/ subjected me to dowry harassment/ domestic violence. What should I do? 

You may:-

  1. File a case in a Court of competent jurisdiction in In

  2. Approach the National Commission for Women for legal assistance and guidance.

20.

I am residing with my overseas Indian husband in foreign country. He has deserted me/ is subjecting me to dowry harassment/ domestic violence. What should I do?

You may approach the Indian Mission in the country in which you are residing for seeking assistance to file complaint with the local police. The Mission can put you in touch with the local Indian Association/ Organization/ NGOs and also to provide you with legal and financial assistance in case you decide to take legal/ judicial recourse in the foreign country.

You can access the list of local Indian Association/ Organization/ NGOs, lawyers in the foreign country from the website of the Indian Embassy in that country.

21.

How can I get a Red Corner Notice issued against my overseas Indian husband?

You may:-

  1. Get F.I.R. registered with local Police Authorities

  2. Take judicial recourse

22.

I am residing in India. I have been thrown out of my matrimonial home by the relatives of my overseas Indian husband. How can I retrieve belongings and documents from the matrimonial home?

You may file a case in a Court of competent jurisdiction in India to retrieve your belongings. 

23. 

I am residing with my overseas Indian husband in foreign country. I have been thrown out of my matrimonial home by my husband. How can I retrieve belongings and documents from the matrimonial home?

You may approach the Indian Mission in the foreign country for assistance and guidance.

24.

I am residing in India and my overseas Indian husband has married another woman without divorcing me. What should I do?

You may file a case in a Court of competent jurisdiction in India

25.

How can I take action against my overseas Indian husband for cyber harassment?

You may register your complaint on National Cyber Crime Portal

Frequently Asked Questions (FAQs)

OCI Related Matters

Q1: I am a person of Indian origin as my parents were born in undivided India before partition. After partition, they briefly held Pakistani citizenship before moving to the United States. Am I eligible for an OCI card ?

A:No. If the applicant, or his/her parents or grand-parents have ever been a citizen of Pakistan or Bangladesh, he/she will not be eligible for an OCI card.

Q2: I am a Person of Indian Origin currently living in a foreign country. Where should I apply for an OCI Card? What are the documents required? How long does it take for issue of the Card?

A:Applicants outside India can file applications to

     The Indian Mission /Post having jurisdiction over the country of which applicant is a citizen; or

     If he/she is not living in the country of his/her citizenship, to the Indian Mission/Post having jurisdiction over the country of which the applicant is ordinarily resident Irrespective of the fact that the same Indian Mission/ Post issued the original OCI documents or not.

For details of the documents required, please refer to the website of the Ministry of Home Affairs: http://mha1.nic.in/foreigDiv/OCI.html . It normally takes about 6-7 weeks for issue of an OCI Card.

Q3: I hold a valid PIO Card. Am I required to convert this to an OCI Card? (The Prime Minister has announced that PIO Cards will be deemed to be equal to OCI Cards.) Will my PIO Card be valid beyond the conversion deadline of 30 June 2016?

A: It is not compulsory to convert your valid PIO Card to an OCI Card, as all PIO Cards are deemed to be equivalent to OCI Cards and have been declared valid for lifetime. However, you are advised to convert your PIO Card to an OCI Card in order to avoid any potential inconvenience at immigration check points, as all instructions and updates in the future will only relate to OCI Cards. PIO Card holders have been advised to apply for conversion of their PIO Cards to OCI Cards by 31 December 2016.

Q4: What is the procedure to convert a PIO Card to an OCI Card? How much time does this take?

A: Please apply online for conversion of your PIO Card to OCI Card at https://passport.gov.in/oci/capchaActionPIO for applicants already in India. In the case of applicants staying abroad, please apply at the concerned Indian Embassy/Consulate either directly, with the documents prescribed by the Embassy. It should be noted that this service will be rendered by the Embassy/Consulate free of charge (in the case of outsourced service providers, the service fee will apply).

Q5: Is a Renunciation Certificate compulsory before I apply for an OCI Card? What is the procedure to apply for a Renunciation Certificate? How long does it take to issue it?


A: Yes, a Renunciation Certificate (renouncing your Indian nationality and surrendering your Indian passport) is compulsory before applying for an OCI card.

Q6: Can I travel to India with just my OCI Card, or should I also carry the passport which contains the ‘U’ Visa (OCI Visa)?

A: Vide circular No. 26011/06/2015-OCI dated 29th January, 2015 of the Ministry of Home Affairs, Government of India, all immigration authorities in India will not insist on production of the foreign passport containing the 'U' Visa Sticker in the case of OCI Cardholders while they enter/exit India and the immigration clearance will be granted based on production of just the OCI card, accompanied by a valid passport (which may not have the U visa sticker).

Q7: My spouse is a foreign national of non-Indian origin. I hold an OCI Card. Is my spouse entitled to an OCI Card? What about my children?

A: Yes, the spouse of foreign origin of a citizen of India or spouse of foreign origin of an Overseas Citizen of India cardholder registered under section 7A and whose marriage has been registered and subsisted for a continuous period of not less than two years immediately preceding the presentation of the application, can apply for an OCI card.

Minor children whose both parents are citizens of India or one of whose parents is a citizen of India are eligible to apply for an OCI Card.

Q8: Are foreign military personnel of Indian origin eligible for OCI cards?

A: No, foreign military personnel either in service or retired are not entitled for grant of OCI. No person who has earlier served in a foreign military organisation is eligible for an OCI card.

Q9: What are the situations for which re-issue of an existing OCI card is necessary?

A:  In case of issuance of new passport:

    • For an applicant who is 20 years of age or younger, OCI documents must be re-issued each time a new passport is issued.

    • For an applicant who is 50 years of age or older, OCI documents must be re-issued once after the issuance of a new passport. (If the OCI card is issued for the first time after the age of 50 years, then there is no need for re-issuance of OCI.)

    • For an applicant who is 21 to 49 years of age, there is no need to re-issue OCI documents each time a new passport is issued. However, if the applicant desires, he/she can request that the OCI documents be re-issued so that the OCI documents reflect the correct passport number.

     In case there is a change in personal particulars

     In case of loss/damage of passport and/or OCI booklet

     For correcting personal particulars entered wrongly while submitting online applications e.g. name, father’s name, date of birth, etc.

     In case of change of address/occupation

Please view the full requirements for OCI Re-issue for more information at the following link: http://mha1.nic.in/pdfs/GuidelinesOCI.pdf

Q10: What are the benefits available to an OCI Card holder?

A: An OCI card holder gets the following benefits:

     A multiple entry, multi-purpose life-long visa for visiting India.

     Exemption from registration with local police authority for any length of stay in India.

     Parity with Non-resident Indians (NRIs) in respect of economic, financial and educational fields as per the relevant Acts, except in relation to acquisition of agricultural or plantation properties.

     OCI can be used as identity proof for application of PAN Card and driving licence as well as for opening a bank account if the OCI card holder is residing in India.

Q: I have a valid OCI Card and a valid foreign passport. Is there any minimum validity specified for my foreign passport?

A: You will be allowed entry into India if you have a valid OCI Card and a valid foreign passport, with a minimum remaining validity of six months. You do not need to carry the old passport on which your "U” (OCI) Visa was stamped, if that happens to be different from your current passport.

Indian Visa Related Matters

Q1: When was the e-Tourist Visa (e-TV) scheme launched? To how many countries has this facility been extended? How many eTVvisas were issued in 2015?

A: The TVOA-ETA Scheme was launched on 27.11.2014. It was renamed as e-TOURIST VISA (e-TV) from 15.04.2015. Initially it was available for nationals of 43 countries and was later extended to more countries. Since 26 February 2016, e-TV scheme is available for holders of passports of 150 countries/territories. A total of 517,413e-Tourist Visas were issued in the year 2015.

Q2: What are the eligibility conditions for grant of a tourist Visa?

A: Please check the following link for details: http://mha1.nic.in/pdfs/ForeigD-FAQ-TVisa280710.pdf

Q3: How can I get e-Tourist visa? Which countries can avail the facility of e-Tourist Visa?

A: Please refer: https://indianvisaonline.gov.in/visa/tvoa.html

Q4: What are the conditions for grant of a student Visa?

A: Please check the following link for details: http://mha1.nic.in/pdfs/OverviewStudentVisa2014.pdf

Passport Matters

Q1:  What are the various passport services and which form has to be filled in?

A:   The various passport services are:

  1. Issue of Fresh Passport: You can apply for fresh passport if applying for the first time.

  2. Re-issue of Passport: You can apply for re-issue of passport if you want another passport in lieu of an existing passport for any of the following reasons:

    • Change in existing personal particulars.

    • Validity expired within 3 years/ Due to expire.

    • Validity expired more than 3 years ago.

    • Exhaustion of pages.

    • Damaged passport.

    • Lost passport.

If you ever held a passport in the past, no matter how much long back or at what age, you should choose the Re-Issue category only.

  1. Miscellaneous Service: Issue of Police Clearance Certificate (PCC)

Q2:

What is the definition of minor for issue of passport?

A:

Applicants less than 18 years of age are considered as minor for issuance of passport.

Q3:

I have a one-month old baby? Does the baby require a separate passport or his/her name can be endorsed in one of the parents passport?

A:

Endorsement of child's name in parent's passports is not allowed anymore. As per the amended instructions , a minor should have a separate passport.

Q4:

In case of minor's passport, whose father is abroad, is it mandatory to obtain father's consent to apply for the child's passport? If so, what is the procedure?

A:

If parent(s) of the minor holds a valid passport, then attested photocopy of passport needs to be submitted along with the application form. Spouse name should be endorsed on the parent's passport. If parent(s) hold a valid passport, but spouse name is not endorsed, then they must get the spouse name added in their passport. For this, they have to apply for re-issue of passport and get the specified change done in personal particulars. If father is abroad, then a sworn affidavit attested by the Indian mission along with attested photocopy of passport needs to be submitted OR Annexure G can be submitted by mother (in case sworn affidavit cannot be arranged by the father). To see the format of Annexure G, please click on"Annexures/Affidavits" link on Home page.


Birth Certificate

Q: We are a couple with Indian passports. We have a child born to us in a foreign country. How do we get Indian citizenship for the child and an Indian passport for him/her?

A: In order to get Indian citizenship for a child born to Indian parent(s) in a foreign country, the birth of the child is to be registered at the nearest Indian Embassy/Consulate and thereafter (or at the same time) the parents can apply for issue of an Indian passport for the child. For more information, kindly contact Indian Embassy/Consulate in your jurisdiction or visit their website.

Police Clearance Certificate (PCC)

Q: What is a Police Clearance Certificate (PCC)?

A: Police Clearance Certificate (PCC) is issued to Indian Passport holders in case they have applied for Residential Status, Employment or Long term visa or for immigration. PCC cannot be issued for persons going abroad on Tourist Visa.

Q11: What are the benefits to which an OCI card holder is NOT entitled to?

A: The OCI Card holder is not entitled:

     to vote;

     to be a member of a Legislative Assembly or of a Legislative Council or of the Parliament of India;

     to hold Indian constitutional posts such as that of the President, Vice President, Judge of the Supreme Court or High Court etc.;

     He/she cannot normally hold employment in the Government

Q12: Can an OCI Card holder renounce his OCI status?

A: Yes. He/she has to declare their intention of renunciation in Form XXII to the Indian Mission/Post where OCI registration was granted. After receipt of the declaration, the Indian Mission/Post shall issue an acknowledgement in Form XXII A. A separate application form is available for this purpose.