Mandatory registration for NRI, OCI marriages in India

• According to the Union Home Ministry, an NRI refers to an Indian citizen who is ordinarily residing outside India and holds an Indian passport

• The ministry of external affairs defines an OCI as a person of Indian origin (PIOs), who were citizens of India on January 26, 1950 or thereafter or were eligible to become citizens of India on the given date, except who is or had been a citizen of Pakistan, Bangladesh or such other country as the central government may, by notification in the official gazette, specify

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All marriages between Non-Resident Indians (NRIs) or Overseas Citizens of India (OCIs) and Indian citizens should be compulsorily registered in India, the Law Commission recommended to the Union government on February 16, reported the Hindustan Times.

In a report titled “Law on Matrimonial Issues Relating to Non-Resident Indians and Overseas Citizens of India” to the Law Ministry, panel Chairman Justice (Retd) Ritu Raj Awasthi expressed concerns over the “rising” cases of fraudulent marriages between NRIs and Indian citizens, and recommended a comprehensive law to deal with such matters.

According to the Union Home Ministry, an NRI refers to an Indian citizen who is ordinarily residing outside India and holds an Indian passport. The ministry of external affairs defines an OCI as a person of Indian origin (PIOs), who were citizens of India on January 26, 1950 or thereafter or were eligible to become citizens of India on the given date, except who is or had been a citizen of Pakistan, Bangladesh or such other country as the central government may, by notification in the official gazette, specify.

“…a legislation should be made applicable not only to the NRIs but also to those individuals who come within the definition of ‘Overseas Citizens of India’ (OCIs) as laid down under Section 7A of the Citizenship Act, 1955. It is further recommended that all marriages between the NRIs/OCIs and Indian citizens should be made compulsorily registered in India”, the law panel’s report said.

“Alternatively, it may be provided in the legislation (the pending NRI marriages bill) that if any married Indian citizen subsequently becomes an NRI/OCI, it shall be mandatory for him/her to get his marriage registered…,” it added.

Amendments in the Passports Act, 1967 are also recommended by the panel. According to it, the new laws should make it a mandate for NRIs and OCIs to declare their marital status; spouses’ passports should be linked with each other, and they should also mention their marriage registration number on their passports

The Commission, in the report, 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,” it said.

In November last year, the External Affairs Ministry had asked the Law Commission to examine and strengthen the framework for marriages between NRIs and Indian citizens and analyse the lacunae in present concerned laws which lead to problems like abandoning partners, especially brides.

The panel said the comprehensive central legislation should include provisions on divorce, maintenance of spouse, custody and maintenance of children, serving of summons, warrants, or judicial documents on the NRIs and OCIs.

In case an NRI does not respond to summons in a case related to a dispute in his marriage, then the details of the same can be uploaded in a designated website of the external affairs ministry and that can serve as conclusive evidence against the NRI, the panel said. In case he ignores repeated summons, he can be deemed as a proclaimed offender, it added.

Amendments in the Passports Act, 1967 are also recommended by the panel. According to it, the new laws should make it a mandate for NRIs and OCIs to declare their marital status; spouses’ passports should be linked with each other, and they should also mention their marriage registration number on their passports.

A suggestion to create a separate division in the external affairs ministry to the home ministry was also made, which, the panel claimed, could serve as a registry for NRI and OCI marriages.

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