The scheme is a welfare measure to support women of Indian origin who have been deserted by their overseas Indian spouses fraudulently, through the mobilization of the local Indian community in the endeavor and with some financial assistance from the Government. The objective of the scheme is to provide some financial assistance for providing legal services to needy women.
The assistance would be available to women who have been deserted by their overseas Indian spouses or are facing divorce proceedings in a foreign country subject to the following conditions:-
- The woman is an Indian passport holder.
- The marriage of the woman has been solemnized and registered in India.
- The woman is deserted in India or after reaching abroad within five years of the marriage.
- Divorce proceedings are initiated within five years of the marriage by her overseas Indian spouse.
- An ex-parte divorce has been obtained by the overseas Indian spouse within 10 years of marriage and a case for maintenance and alimony is to be filed
- The scheme would not be available to a woman facing criminal charges or having a criminal case decided against her.
- 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.
- Preference may be given to applicants on the basis of financial needs.
- Assistance will be limited to meeting initial cost and incidental charges for documentation and filing of the case by the Indian Women’s Organization/NGO on the woman’s behalf.
- The assistance will be limited to US $1000 per case and will be released to the Indian community organizations/NGO concerned to enable it to take steps to assist the woman in documentation and preparatory work for filing the case.
- The women’s organization/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.