Plea before Kerala High Court seeks measures to ensure effective legal representation for NRIs in foreign courts

A petition has been filed before the Kerala High Court praying for effective welfare measures to ensure legal representation for Non-Resident Indians (NRIs) in foreign countries. [Aarya Thomas v Union of India & Ors].Justice Shoba Annamma Eapen today issued notice in the matter to the Central and State governments..The petition was moved by a woman who married her husband as per Indian Christian law and resided with their two children in Dubai.The husband recently filed for divorce and custody of their children in the United Arab Emirates (UAE) before a Dubai Court of First Instance.The petitioner-woman, due to lack of legal representation or guidance had to appear on her own to argue her case. She contended before the Dubai Court that the jurisdiction to decide the case of divorce and custody lies with the Indian Courts since the marriage was solemnised in India according to the Indian laws..However, rejecting the arguments on technical grounds, the Dubai Court decided the matter as per UAE laws and dissolved the marriage granting the husband joint custody of the children. .This prompted the woman to approach the Kerala High Court.She contended that she was not given a fair hearing by the Dubai Court, clearly violating her rights under the principles of natural justice.She submitted that living in a foreign country like the UAE, it was very difficult for her to have the means and knowledge to defend her case and fight for her children's custody.She added that could not even afford a proper lawyer to defend her case before the court as she could not pay their legal fees.According to the petition, when she approached the office of the Consulate General of India in Dubai after the Dubai Court pronounced the judgment, she was not given any assistance or effective measures to deal with this situation..The petitioner thus prayed that the judgment of the Dubai Court be declared null and void as far as her marriage is concerned.It also sought directions to the Consulate General of India in Dubai to refrain from acting on anything related to the marital relationship on the basis of the said judgment. .She also sought directions to the Central and State governments to formulate appropriate and effective welfare measures to ensure that every NRI gets proper legal representation in foreign courts to defend their rights and liberties..The petitioner was represented by advocates Raghul Sudheesh, Elizabeth Mathew, J Lakshmi, Ambily T Venu and Zakiya Ismail.