The 22nd Law Commission, led by Justice Ritu Raj Awasthi (Retd), has proposed mandatory registration of all marriages involving Non-Resident Indians (NRIs)/Overseas Citizens of India (OCIs) and Indian citizens within India.
Citing a surge in legal issues arising from inter-country marriages between NRIs and foreign citizens of Indian origin on one side and Indian citizens on the other, the commission emphasized the need for action.
According to the commission’s report, fraudulent marriages involving NRIs marrying Indian partners are on the rise, leading to distressing situations, particularly for Indian spouses, often women. Such unions, marked by false assurances and abandonment, pose challenges for legal redressal due to their international nature.
Advocating for comprehensive legislation, the commission proposed incorporating provisions related to divorce, spousal maintenance, child custody, and summons issuance to NRIs and OCIs.
Additionally, the panel suggested amendments to the Passports Act, 1967, requiring disclosure of marital status, linking spouses’ passports, and mentioning the Marriage Registration Number on their passports.
Furthermore, the commission recommended awareness programs conducted by the government, in collaboration with relevant bodies and NGOs, to educate women and their families about the intricacies of marrying NRIs/OCIs.
The Central Government had introduced the Registration of Marriage of Non-Resident Indians Bill, 2019, in the Rajya Sabha in February 2019. This bill, including the study of inter-country marriage laws, was referred to the Committee on External Affairs for examination.
Following a request from the Ministry of External Affairs, the Law Commission of India conducted an extensive review of the legislation, including the NRI Bill, 2019.
