Mediation Cell to resolve disputes in NRI marital discord

The Women and Child Development Ministry of the Central Government has directed the NCPCR to constitute a Mediation Cell, to resolve the cases of children who were taken away by one of the spouse without the permission of the other spouse due to marital discord or domestic violence from overseas country to India or vice versa and prepare parental plan taking into account the best interest of the child.

The composition of the Mediation Cell in NCPCR will consists with its Chairperson, besides two of its members. All the cases pertaining such matters will be taken up by Integrated Nodal Agency (INA) in the Ministry of Women and Child Development.

Any parent can approach the INA, set up to resolve the NRI marriages issues, with the details of the case. A representation could also be made by the child or a custodian of the child. With this procedure, the scope of work of the INA is being expanded to cover cases involving children of contesting parents. Mediation process may be completed in six months of the receipt of application filing which the Mediation process will be taken as over.

As per laid own procedure, the INA will refer the matter to NCPCR, which will undertake mediation so that all aspects of the case could be tabled from both the sides. Participation by Video conferencing is also permitted. Either of the parents, who is normally a resident of a foreign country, could also get the local Mission of that country involved in the mediation process, if required.

The WCD Minister, Maneka Sanjay Gandhi has stated that the purpose of this procedure is primarily to bring all the facts of the case including the legal proceedings that may have been initiated either by the parties, make an overall assessment of the situation and suggest a parental plan in the best interests of the child.

The Minister further remarked that mediation by NCPCR should result in resolution of most of the cases which will be a big relief to both the parties and particularly to the children.

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