By Asia Samachar | India |
All marriages between the Non-Resident Indians (NRIs) / Overseas Citizen of India (OCI) and Indian citizens should be made compulsorily registered in India.
This is one of the recommendations of the Law Commission of India in a recent report as a measure to curb practices like false assurances, misrepresentation and abandonment.
“The rising occurrence of fraudulent marriages involving NRIs marrying Indian partners is a worrisome trend,” said Justice Ritu Raj Awasthi who led the commission.
In its newly released report, the law commission has proposed a central legislation that should be ‘comprehensive enough to cater to all facets involving marriages of NRIs as well as foreign citizens of Indian origin with that of Indian citizens’.
It said such a legislation should be made applicable not only to the NRIs but also to those individuals who come within the definition of OCIs as laid down under Section 7A of the Citizenship Act, 1955.
The proposed central legislation should also include provisions on divorce, maintenance of spouse, custody and maintenance of children, serving of summons, warrants, or judicial documents on the NRIs/OCIs, it added.
Further, it has recommended that amendments need to be introduced in the Passports Act, 1967 to mandate the declaration of marital status, the linking of a spouse’s passport with the other and mentioning of the Marriage Registration Number on the passports of both the spouses.
The 89-page Report No 287 is titled “Law on Matrimonial Issues Relating to Non-Resident Indians and Overseas Citizens of India”.
In his note, Justice Awasthi said there had been a rapid rise in the legal issues arising out of such relationships.
“Several reports highlight an increasing pattern where these marriages turn out to be deceptive, putting Indian spouses, especially women, in precarious situations. Deceptive practices like false assurances, misrepresentation, and abandonment are commonly associated with these fraudulent unions, causing distress to the Indian partners.
“The inter-country nature of these marriages further intensifies the vulnerability, making it challenging for affected individuals to pursue legal remedies and support. Challenges such as financial exploitation and the complex legal aspects across multiple jurisdictions contribute to the hardships faced by those involved in such marriages,” he wrote in a covering note dated Feb 15, 2024.
In order to deal with the emerging situation, he said the Registration of Marriage of Non-Resident Indians Bill, 2019, was introduced by the Govemment in the Rajya Sabha on 11th February, 2019.
Initially, the Sixteenth Lok Sabha referred the Bill to the Committee on External Affairs (2018-2019). Subsequently, the same Bill was again referred to the Committee on External Affairs (2019-2020) after the Seventeenth Lok Sabha was constituted, for further examination and report submission.
In furtherance of the deliberations being held, he said the Law commission received a reference on the NRI Bill, 2019 from the Ministry of External Affairs, conveyed through the Ministry of Law and Justice vide letter dated 1Oth April, 2023.
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