The Law Commission of India on Thursday recommended that marriages between Non-Resident Indians or Overseas Citizens of India and Indian citizens be compulsorily registered.
The commission also recommended that the Registration of Marriage of Non-Resident Indians Bill, 2019 – which is pending in Parliament – should be made more comprehensive so as to include all facets of marriage.
It recommended that the Bill should be made applicable to Overseas Citizens of India. Overseas Citizenship of India is an immigration status that allows foreigners of Indian origin to live and work in India indefinitely.
The commission’s chairperson Justice (Retired) Ritu Raj Awasthi, while presenting a report on the matter to the law ministry, said: “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.”
The commission said that the proposed law should include provisions on divorce, spousal maintenance, and the custody and maintenance of children.
“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,” Justice (Retired) Awasthi added.
The Registration of Marriage of Non-Resident Indians Bill, 2019 was introduced in the Rajya Sabha in February 2019. The Bill was then referred to the Committee on External Affairs.
On April 10, 2023, the Law Commission received a reference on the Bill from the Ministry of External Affairs.
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