LI Network
Published on: February 17, 2024 at 10:10 IST
The Law Commission of India has recommended the compulsory registration of marriages between Non-Residential Indians (NRIs) or Overseas Citizens of India (OCIs) and Indian citizens.
The commission, in its 287th report titled “Law on Matrimonial Issues Relating To Non-Residential Indians and Overseas Citizens of India,” suggests amendments to the Registration of Marriage of Non-Resident Indians Bill, 2019, to ensure a more comprehensive approach to handling all aspects of marriages involving these parties.
The report, chaired by Justice Ritu Taj Awasthi, along with members and part-time contributors, addresses concerns over fraudulent marriages involving NRIs and Indian citizens.
Highlighting a disturbing trend, the commission emphasized the challenges faced by Indian partners, particularly women, in these marriages, often resulting in distress due to false assurances, misrepresentations, and abandonment.
To address these issues, the Law Commission recommended that the NRI Bill 2019 should be inclusive and applicable to all individuals falling under the definition of Overseas Citizen of India as outlined in Section 7A of the Citizenship Act.
The commission stressed the need for a broad definition to cover a maximum number of people and prevent technical specifications from undermining the legislation’s purpose.
In terms of registration, the commission proposed mandatory registration for any Indian citizen who later becomes an NRI/OCI, even if not previously registered.
The commission argued that registration helps maintain records, making them accessible to the Ministry of Home Affairs. To enforce registration and counter misinformation, the commission suggested incorporating penal provisions in the NRI Bill, including the suspension of passports and travel documents.
Furthermore, the commission recommended amending the Passports Act to mandate the declaration of marital status and linking of spouses’ passports. It proposed the establishment of a separate division within the Ministry of Home Affairs or the Ministry of External Affairs to serve as a registry for NRI marriages.
The commission emphasized the importance of making marriage registration mandatory within 30 days, both in India and abroad, to trace NRIs and enable legal action for the rights of abandoned spouses under family laws.
The details of NRI marriages, available in the registry, should be accessible on an online portal for inspection, ensuring privacy and preventing misuse.
Additionally, the commission recommended addressing aspects such as custody, rehabilitation, and child care of deserted spouses, along with provisions on court jurisdiction, service of summons, and warrants.
To resolve the legal gap concerning service of summons and judicial documents to NRIs/OCIs abroad, the commission proposed incorporating provisions for their appearance before Indian courts in matrimonial matters.
In conclusion, the commission highlighted the need for awareness programs, engaging the Indian Diaspora abroad to prevent fraudulent marriages and ensure the fair and just resolution of disputes.