Satya Prakash

New Delhi, February 16

Amid rising occurrence of fraudulent marriages involving Non-Resident Indians (NRIs) marrying Indian women and deserting them months later, the Law Commission has recommended that a comprehensive central legislation should be enacted to deal with all facets of such marriages between NRIs and foreign citizens of Indian origin with Indian citizens.

“Such a legislation 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 under Section 7A of the Citizenship Act, 1955,” the 22nd Law Commission headed by Justice Ritu Raj Awasthi said in its 287th Report titled “Law on Matrimonial Issues Relating to Non-Resident Indians and Overseas Citizens of India” submitted to the Government.

“The said 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/OCIs, etc.,” said the Law Commission which advises the government on legal issues.

It recommended that all marriages between the NRIs/OCIs and Indian citizens should be compulsorily registered in India.

The law panel suggested requisite amendments in the Passports Act, 1967 to mandate the declaration of marital status, linking of a spouse’s passport with the other and mentioning of the Marriage Registration Number on the passports of both the spouses.

“Furthermore, the Government, in collaboration with the National Commission for Women and the State Commissions for Women in India and the NGOs and Indian associations abroad, should conduct awareness programs for women and their families who are about to enter into marital relationship with NRIs/OCIs,” it said.

The Law Commission had received a reference on ‘The Registration of Marriage of Non-Resident Indians Bill, 2019 (NRI Bill, 2019)’ from the Ministry of External Affairs, through the Department of Legal Affairs, Ministry of Law and Justice, for examination.

“In order to provide punishment for non-registration of marriage, misrepresentation of acts before the foreign court in order to seek ex-parte decree of divorce, desertion of Indian spouse and cruelty and harassment of the Indian spouse, it is recommended that the NRI Bill, 2019 needs incorporation of provisions with regard to suspension of passports or travel documents in certain cases,” the report read.