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Expressing concern over the escalating cases of fraudulent marriages between Non-Resident Indians (NRIs) and Indian citizens, the Law Commission has recommended a comprehensive law to mandate the compulsory registration of such marriages.
In a report titled "Law on Matrimonial Issues Relating to Non-Resident Indians and Overseas Citizens of India," Justice (Retd) Ritu Raj Awasthi, the Chairman of the Law Commission, emphasized the need for a central legislation that comprehensively addresses various aspects related to marriages involving NRIs and foreign citizens of Indian origin.
The commission highlighted the alarming trend of deceptive marriages, particularly affecting Indian spouses, especially women. To counter this, the recommended legislation should not only apply to NRIs but also individuals falling under the definition of 'Overseas Citizens of India' (OCIs) as per the Citizenship Act, 1955, the commission said.
The Law Commission has also proposed mandatory registration of all marriages between NRIs/OCIs and Indian citizens in India. The envisioned central legislation should cover divorce, maintenance of spouses, custody and maintenance of children, as well as mechanisms for serving summons, warrants, or judicial documents on NRIs and OCIs.
In addition, the commission suggested introducing amendments to the Passports Act, 1967. These amendments would require declaring marital status, linking spouses' passports, and indicating the marriage registration number on both spouses' passports.
