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Commission proposes mandatory marriage registration between NRI/OCI and Indian citizens
The Law Commission, in its 287th report, proposes adopting these modifications by changing the 2019 Registration of Marriage of Non-Resident Indians (NRI) Bill
Representative image / Image - iStock
The Law Commission of India proposed in its 287 report, on Feb 16, recommended that marriages between Indian nationals and non-resident Indians or Indian citizens living abroad be registered legally.
The commission proposed some revisions to the Registration of Marriage of Non-Resident Indians Bill 2019 (Herein “NRI Bill, 2019”) in order to make it more comprehensive and able to address every aspect of marriage involving the parties.
The commission headed by chairperson Justice Ritu Taj Awasthi, prepared the report titled "Law on Matrimonial Issues Relating To Non Residential Indians and Overseas Citizens of India."
In the report, the commission observed a concerning pattern of bogus marriages between Indian citizens and NRIs. According to the commission such marriages, which are based on deceptive promises, misrepresentations, etc., ultimately cause complications to the Indian partner because it gets harder for them to seek a remedy in court.
As a result, the commission suggested that the NRI Bill 2019 be amended and be made more inclusive by including everyone who meets the criteria for being an Overseas Citizen of India as stated in Section 7A of the Citizenship Act.
The commission made the recommendation that, if it hasn't previously been done, any married Indian citizen who later becomes an NRI or OCI must register their marriage. According to the commission, registration assisted in creating a record and would provide the Ministry of Home Affairs with access to the records when needed.
Additionally, in order to guarantee registration and avoid false information, the commission suggested that the draft NRI bill include punitive clauses that would suspend travel documents and passports. Additionally, it was suggested that the Passports Act be changed to make it essential to declare one's marital status and to link one's spouse's passport to another.
The commission suggested creating a distinct branch under the Ministry of External Affairs or the Ministry of Home Affairs to act as a registry for NRI marriages in order to address this.
Additionally, the report also suggested that the law address issues such as the abandoned spouse's custody, rehabilitation, child care, etc. and include clauses pertaining to the court's jurisdiction, summons service, etc.
As per the commission since the criminal procedure code currently does not have these inclusions, there has been a legal gap in the delivery of summonses, warrants, and court documents to NRIs and OCs residing overseas.
In order to ensure a fair and just resolution of disputes, it was also suggested that the domestic courts be granted jurisdiction to handle and resolve the matters pertaining to the marriages. In order to do this, the courts could take into account the reciprocal agreements and comity guidelines outlined in Section 444 of the CPC, which would enable them to regard international decrees with the same enforceability as if they were issued domestically.
Finally, in order to avoid fake marriages, the panel stressed the need of raising public awareness of the legislation and suggested that the government develop awareness campaigns by interacting with the Indian diaspora overseas.
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