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Feb 13, 2018 01:36 PM IST | Source: Moneycontrol.com

Govt considers proposal to confiscate assets of NRI men who abandon spouse

The government is considering a proposal to change criminal laws that would allow attaching of assets of NRI men who desert their wives and not respond to repeated notices issued to them.

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The government is considering a proposal to change criminal laws that allow confiscation of assets of NRI men who desert their wives, and fail to respond to repeated notices issued to them, Union women and Child Development (WCD) Minister Maneka Gandhi said on Monday.

A Hindustan Times report  stated government officials have written to the Ministry of Home Affairs (MHA) to consider the amendments proposed in the Code of Criminal Procedure (CrPC) that will allow a summons hosted on the website of ministry of external affairs (MEA) to be treated as “deemed to have been served.”

“It has been seen that the NRI husbands who abandon their wives keep evading court summons. If this change comes through in CrPc, then it will not be possible to do so. 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,” WCD minister Maneka Gandhi said.

The WCD ministry is also writing to the Union home ministry (MHA) to allow filing of complaints of child sexual abuse including molestation years after the crime or even after the survivors have become adults. Under the current rule, one has to file a complaint within three years of commission of the offence.

“We are in the process of writing to the minstry of home affairs asking them to amend Section 473 of the CrPC. This change will enable the removal of time limit for filing a case,” secretary, WCD, R K Shrivastava said at a press conference.

The move comes after the WCD ministry received many complaints of incidents that occurred many years ago. It will help survivors of abuse seek justice as adults who may not have been able to speak up as minors.

“The substance of this change would be that if you have been molested at some point in time when you were a minor, then you are still entitled to get justice," Maneka said, adding that proving such cases would have complex dynamics.
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