Marriages Of NRIs/OCIs With Indian Nationals Must Be Registered To Curb Fraud: Law Commission

The 287th report by the Law Commission of India has recommended a slew of measures to curb the rising worrisome trend of fraudulent marriage involving NRIs and Indian citizens.

The commission has recommended that the government bring in legislation to make registration of marriage between Non-Residential Indians/Overseas Citizens of India and Indian nationals compulsory.

Source : Canva

The 287th report by the Law Commission of India has recommended a slew of measures to curb the rising worrisome trend of fraudulent marriage involving NRIs and Indian citizens. The commission has recommended that the government bring in legislation to make registration of marriage between Non-Residential Indians/Overseas Citizens of India and Indian nationals compulsory.

The report titled "Law on Matrimonial Issues Relating To Non-Residential Indians and Overseas Citizens of India" was released on Thursday (February 15). The report notes that such marriages are conducted on false assurances, misrepresentations, etc and cause distress to the Indian partner as it becomes difficult for the partner to pursue any legal remedy. 

The commission has recommended changes to the Registration of Marriage of Non-Resident Indians Bill, 2019 to make it comprehensive and sufficient to deal with all issues arising out of marriage between Indian nationals and NRIs/OCIs.

 

 

The commission has also recommended that to protect the deserted spouse in the eyes of law against the erring spouse, the government should change the definition of NRI under the proposed NRI Bill to include OCIs and Person of Indian Origins (PIO).

 

"The same may be provided for by stating in the legislation that it applies to all the NRIs as well as the OCIs (or PIOs) as defined under Section 7A of the Citizenship Act, 1955. In this regard, it is worthwhile to highlight that since such a legislation shall apply not only to the NRIs but to the OCIs (or PIOs) as well, hence the name of the proposed Act too should be accordingly formulated."

 

The Law Commission has further suggested that all the records pertaining to such marriages would be available with the concerned Government department, preferably, the Ministry of Home Affairs. It suggests that the same shall be accessible by the Ministry of External Affairs and should be made available on an online portal.

"However, there may also be situations where a citizen may become NRI/OCI after his/her marriage. The only difficulty with making registrations compulsory only for NRIs/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. Therefore, instead of making registration of marriages compulsory in specific cases, it should be done generally for all cases. Alternatively, it may be provided in the legislation that if any married Indian citizen subsequently becomes an NRI/OCI, it shall be mandatory for him/her to get his marriage registered if he/she has not already done so," the report said.

The report further says that the proposed law should also deal with all aspects of NRI/OCI marriages including custody, rehabilitation, child care etc. of the deserted spouse and shall also incorporate provisions on the jurisdiction of courts, service of summons etc. It is pertinent to note in this regard that Section 63(ii) of the Bharatiya Nagarik Suraksha Sanhita, 2023 allows the courts to issue summons in the electronic mode.

"Further, it is recommended that the proposed comprehensive legislation governing different aspects of NRI/OCI marriages shall deal with all the aspects including custody, rehabilitation, child care etc. of the deserted spouse and shall also incorporate provisions on the jurisdiction of courts, service of summons etc. It is pertinent to note in this regard that Section 63(ii) of the Bharatiya Nagarik Suraksha Sanhita, 2023 allows the courts to issue summons in the electronic mode."

The report also asks for additional provisions in the new legislation to ensure appearance of the defaulting NRI/OCI before a court in India in matrimonial matters relating to his marriage with an Indian spouse solemnised in India. Such a court appearance can also be facilitated by the Indian Missions abroad through video conferencing so as to ensure digital attendance of the accused if the same is not possible physically due to any reason.

The report also lays down detailed recommendations for provisions to be included in the NRI Bill to regulate registration of marriages as well as divorces of Indian nationals with NRIs and OCIs. It also recommends suspension of Passport and other travel documents as punishment in case of dispute.

The law commission has also said that to prevent cases of fraudulent marriages wherein a party to the marriage is an NRI/OCI, the government should create awareness by engaging with the Indian Diaspora abroad through its community events and regular interaction with the Indian communities and organisations.