Law Commission recommends strict rules for NRIs marrying Indians to avoid deceptive practices

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 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 a 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.

"It is further recommended that all marriages between the NRIs/OCIs and Indian citizens should be made compulsorily registered in India," Justice Awasthi said.

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.

"Further, it is recommended that requisite amendments need to be introduced in the Passports Act, 1967 in order 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," he told the government.

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 in April last.