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Law Commission recommends comprehensive law to deal with NRIs, OCIs marrying Indian citizens

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Describing as “worrisome trend” the “rising” circumstances of fraudulent marriages between NRIs and Indian residents, the Legislation Fee has proposed an intensive regulation to deal with the problem and obligatory registration of such unions.

In presenting the report titled “Legislation on Matrimonial Matters Concerning Non-Resident Indians and Overseas Citizens of India” to the Ministry of Legislation, Justice (Retd) Ritu Raj Awasthi, the chairperson of the panel, emphasised that the Fee advocates for a centralised regulation that comprehensively addresses all facets associated to the marriages of NRIs and overseas residents of Indian origin with Indian residents.

“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,” PTI quoted Justice Awasthi as saying in his masking letter to Legislation Minister Arjun Ram Meghwal on Thursday.

The committee advisable that such laws ought to prolong its applicability not solely to Non-Resident Indians (NRIs) but additionally to people falling beneath the definition of ‘Overseas Citizens of India’ (OCIs) as outlined within the Citizenship Act of 1955.

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

He mentioned the great central laws must also embody provisions on divorce, upkeep of partner, custody and upkeep of kids, serving of summons, warrants, or judicial paperwork 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 instructed the federal government.

The fee recalled that as a way to cope with the rising scenario, the Registration of Marriage of Non-Resident Indians Invoice, 2019, was launched within the Rajya Sabha on February 11, 2019.

Initially, the sixteenth (earlier) Lok Sabha referred the invoice to the Committee on Exterior Affairs. Subsequently, the identical invoice was once more referred to the Committee on Exterior Affairs after the seventeenth (current) Lok Sabha was constituted, for additional examination.

As deliberations continued, the Legislation Fee acquired a reference on the NRI Invoice, 2019 from the Ministry of Exterior Affairs, conveyed by means of the Legislation Ministry in April final.

With inputs from companies



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