Jahanvi Agarwal
On 17th February 2024, the Law Commission put forward a proposal to the Union government regarding the registration of marriages involving non-resident Indians (NRIs). Their suggestion entails the enactment of a comprehensive law to address issues arising from “fraudulent marriages” involving NRIs. Justice (retired) Ritu Raj Awasthi, the Chairman of the Law Commission, presented the report titled “Law on Matrimonial Issues Relating to Non-Resident Indians and Overseas Citizens of India” to the Law Ministry.
Highlighting the concerning trend of fraudulent marriages involving NRIs marrying Indian partners, Justice Awasthi emphasized the need for a robust legal framework to safeguard Indian spouses, particularly women, from such deceptive practices. He stressed the importance of central legislation that covers all aspects of NRI marriages and those involving foreign citizens of Indian origin with Indian citizens.
The proposed legislation, according to the law panel’s recommendations, should encompass provisions related to divorce, spousal maintenance, child custody, and support, as well as the serving of legal documents on NRIs and Overseas Citizens of India (OCIs). Additionally, the report suggests mandatory registration of all marriages between NRIs/OCIs and Indian citizens in India to ensure accountability and legal recognition.
Furthermore, the Registration of Marriage of Non-Resident Indians Bill, 2019, was introduced in the Rajya Sabha on February 11, 2019. Following the constitution of the 17th Lok Sabha, the Bill underwent further scrutiny by the Committee on External Affairs for thorough examination and deliberation.