Strict rules proposed for NRIs marrying Indian citizens to prevent fraud

THE Law Commission on Friday recommended that all marriages between NRIs and overseas Indian citizens should be compulsorily registered in India to curb practices like false assurances, misrepresentation and abandonment.

In a report submitted to the Ministry of Law and Justice, the Law Commission, headed by Justice Ritu Raj Awasthi, said, "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."

"It is further recommended that all marriages between the NRIs/OCIs and Indian citizens should be made compulsorily registered in India," the report stated

The new law should also 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, the panel has recommended.

The law panel has also recommended that required amendments be introduced in the Passports Act, 1967 to mandate the declaration of marital status, the linking of a spouse's passport with the other and the mentioning of the marriage registration number on the passports of both the spouses.

It was also recommended that domestic courts shall have the jurisdiction to address and resolve issues in issues in such kinds of marriages.

"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 panel's report stated.

"Granting jurisdiction to domestic courts ensures that matters about NRI/OCI marriages can be effectively adjudicated within the framework of the country's legal procedures, considering the applicable laws and safeguarding the rights and interests of the involved parties," the report stated.

The panel also suggested the government create awareness by engaging with the Indian diaspora through its community events and regular interaction with the Indian communities and organizations.