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Register marriages of NRIs with locals in India itself, suggests Law panel

The report also recommended that the legislation should include provisions on divorce, maintenance of spouse, custody and maintenance of children, and serving of summons, warrants or judicial documents on NRIs and OCIs.

Preetha Nair

NEW DELHI : Expressing concern over the alarming rise in deceptive marriages between Non-Resident Indians (NRI) and Indian citizens, the Law Commission of India on Friday recommended that all marriages must be registered in India to prevent fraudulent marriages and abandonment.

In November last year, the Ministry of External Affairs asked the Law Commission to examine the issues plaguing NRI marriages and strengthen the legal framework concerning international public law and private laws. The report ‘Law or matrimonial issues relating to NRIs and Overseas Citizens of India’ was submitted to the Union Law Ministry on Thursday.

“Several reports highlight an increasing pattern where these marriages turn out to be deceptive, putting Indian spouses, especially women, in precarious situations. It is recommended that all marriages between NRIs/OCIs and Indian citizens should be compulsorily registered in India,” it said.

The report also recommended that the legislation should include provisions on divorce, maintenance of spouse, custody and maintenance of children, and serving of summons, warrants or judicial documents on NRIs and OCIs. It also recommended that requisite amendments be introduced in the Passports Act, 1967, to mandate declaration of marital status, linking of a spouse’s passport with the other, and mentioning of marriage registration number on passports.

Measures suggested

  • lAll marriages between the NRIs/OCIs and Indian citizens should be compulsorily registered in India

  • lLaw should include provisions on divorce, maintenance of spouse, custody and maintenance of children, and serving of summons, warrants or judicial documents on the NRIs and OCIs

  • lAmend Passports Act, 1967, to mandate declaration of marital status, linking of a spouse’s passport with the other, and mention marriage registration number on the passport

  • lDomestic courts shall have the jurisdiction to address and resolve the issues in such marriages

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