The Law Commission, led by Justice Ritu Raj Awasthi, proposes compulsory registration, jurisdictional clarity, and passport amendments for transparency in NRI-Indian unions.
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The Law Commission of India has put forth a series of recommendations that promise to fortify the legal framework surrounding such unions. The commission, under the leadership of Justice Ritu Raj Awasthi, has highlighted the growing concern over fraudulent marriages, which often leave Indian spouses, particularly women, in vulnerable positions. The report, submitted to the Ministry of Law and Justice on Friday, sheds light on the disturbing trend of deceptive practices, including false assurances, misrepresentation, and abandonment, plaguing marriages between NRIs and Indian citizens.
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“The rising occurrence of fraudulent marriages involving 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,”
-the commission observed.
In response to these challenges, the Law Commission has made a pivotal recommendation that all marriages between NRIs/Overseas Citizens of India (OCIs) and Indian citizens should be mandatorily registered in India. This step is seen as crucial in providing a legal safeguard to the Indian spouse, ensuring that the marriage is recognized and can be legally verified within the Indian legal system.
Furthermore, the commission has called for comprehensive legal provisions to be included in the new law, covering aspects such as divorce, maintenance of the spouse, custody and maintenance of children, and the serving of summons, warrants, or judicial documents on NRIs and OCIs.
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These measures are aimed at addressing the complexities and challenges that arise in the dissolution of such marriages, ensuring that the rights and welfare of the Indian spouse and children are adequately protected.
To strengthen the enforcement of these recommendations, the Law Commission has proposed necessary amendments to the Passports Act, 1967. These amendments would require the declaration of marital status, the linking of spouses’ passports, and the inclusion of the marriage registration number on the passports of both spouses. Such measures are intended to facilitate the tracking and verification of marital status, thereby curbing the incidence of fraud and misrepresentation in NRI marriages.
Recognizing the jurisdictional challenges often faced in disputes arising from NRI marriages, the commission has advocated for domestic courts in India to have the authority to address and resolve such issues.
“Domestic courts shall have the jurisdiction to address and resolve issues emanating from such unions. Disputes arising within such marriages often necessitate the intervention of the local legal system to ensure fair and just resolution of disputes,”
– the report emphasizes.
This recommendation aims to ensure that matters pertaining to NRI/OCI marriages can be effectively adjudicated within India’s legal framework, safeguarding the rights and interests of all parties involved.
In additionally, the Law Commission has underscored the importance of creating awareness among the Indian diaspora about the implications of these recommendations. It suggests that the government engage with the Indian communities and organizations through community events and regular interactions, thereby fostering a better understanding of the legal obligations and protections associated with NRI marriages.
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The recommendations put forth by the Law Commission mark a significant step towards addressing the challenges faced by Indian citizens in marriages with NRIs. By mandating the registration of such marriages in India and enhancing the legal framework to protect the rights of Indian spouses and children, the commission aims to curb the malpractices associated with these unions.
As these recommendations are considered and potentially implemented by the Ministry of Law and Justice, they hold the promise of bringing about a more secure and just environment for cross-border marriages involving Indian citizens.
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