The Law Commission has raised alarm regarding the increasing incidents of fraudulent marriages involving Non-Resident Indians (NRIs) and Indian citizens, proposing a comprehensive law mandating the obligatory registration of such unions. In a report titled Law on Matrimonial Issues Relating to Non-Resident Indians and Overseas Citizens of India,” Justice (Retd) Ritu Raj Awasthi, the Chairman of the Law Commission, highlighted the need for centralized legislation that effectively tackles diverse facets associated with marriages of NRIs and individuals of Indian origin living abroad.
The commission highlighted the alarming trend of deceptive marriages, with a particular impact on Indian spouses, notably women. In response, the recommended legislation should not only apply to NRIs but also individuals falling under the definition of ‘Overseas Citizens of India’ (OCIs) as per the Citizenship Act, 1955, the commission said.
The Law Commission has additionally suggested the compulsory registration of all marriages involving NRIs/OCIs and Indian citizens within India. The proposed central legislation is expected to address matters related to divorce, spousal maintenance, child custody, and child support, along with establishing mechanisms for serving summons, warrants, or judicial documents on NRIs and OCIs. Moreover, the commission has recommended amendments to the Passports Act, 1967, which would necessitate the disclosure of marital status, linking of spouses’ passports, and inclusion of the marriage registration number on both spouses’ passports.