New Proposals For NRIs To Curb Marriage Fraud: Compulsory Registration In India

The Law Commission recommended that all marriages between Non-Resident Indians (NRIs) and Indian citizens should be compulsorily registered in India. This measure aims to curb practices like false assurances, misrepresentation, and abandonment commonly observed in such marriages.

In a report submitted to the Ministry of Law and Justice, the Law Commission, led by Justice Ritu Raj Awasthi, expressed concern over the increasing incidence of fraudulent marriages involving NRIs and Indian partners. The report highlighted a rising trend where such marriages turn out to be deceptive, especially affecting Indian spouses, particularly women.

The Commission proposed that all marriages between NRIs/OCIs (Overseas Citizens of India) and Indian citizens should be registered in India. Additionally, the recommended law should cover aspects such as divorce, spousal maintenance, child custody and maintenance, and serving of legal documents on NRIs and OCIs.

The Passports Act, 1967, may need amendments to include provisions mandating the declaration of marital status, linking spouses' passports, and mentioning the marriage registration number on both spouses' passports.

The panel also suggested that domestic courts should have jurisdiction over disputes arising from such marriages. This move is aimed at ensuring fair and just resolution of issues within the framework of the country's legal procedures, safeguarding the rights and interests of all parties involved.

To create awareness, the panel recommended that the government engage with the Indian diaspora through community events and regular interactions with Indian communities and organizations.