Commission suggests Law to deal with NRIs, OCIs marrying Indian citizens

NEW DELHI: Describing as a “worrisome trend” the “rising” cases of fraudulent marriages between NRIs and Indian citizens, the Law Commission has recommended a comprehensive Law to deal with the situation and compulsory registration of such alliances.

While presenting the report “Law on Matrimonial Issues Relating to Non-Resident Indians and Overseas Citizens of India” to the Law Ministry, panel chairman Justice (Retd) Ritu Raj Awasthi said the commission is of the opinion that the proposed Central legislation 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.

“The rising occurrence of fraudulent marriages involving Non-Resident Indians (NRIs) marrying Indian partners is a worrisome trend. Several reports highlight an increasing pattern where these marriages turn out to be deceptive, putting Indian spouses, especially women, in precarious situations,” Justice Awasthi said in his covering letter to Law minister Arjun Ram Meghwal on Thursday.

Such legislation, the panel said, should be made applicable not only to the NRIs but also to those individuals who come within the definition of ‘Overseas Citizens of India’ (OCIs) as laid down in the Citizenship Act, 1955.

He said the comprehensive 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 and OCIs.

The commission recalled that in order to deal with the emerging situation, the Registration of Marriage of Non-Resident Indians Bill, 2019, was introduced in the Rajya Sabha on February 11, 2019.

Initially, the 16th (previous) Lok Sabha referred the Bill to the Committee on External Affairs. Subsequently, the same Bill was again referred to the Committee on External Affairs after the 17th (present) Lok Sabha was constituted, for further examination.

As deliberations continued, the Law Commission received a reference on the NRI Bill, 2019 from the Ministry of External Affairs, conveyed through the Law Ministry last April.

In its report, the Law panel said registration of NRI marriages serves as a “valid piece of evidence”, while at the same time it helps maintain a record in the form of registry of marriages.

The only difficulty with making registrations compulsory only for NRIs or OCIs is that the earlier marriages of such persons may not be registered because currently there is no comprehensive or uniform Law governing registration of marriages in India, the report suggested.