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Law Commission recommends comprehensive law to deal with NRIs, OCIs marrying Indian citizens

by Nagoor Vali

Law Commission recommends comprehensive law to deal with NRIs, OCIs marrying Indian citizens

Representational Picture/ Pexels.

Describing as “worrisome development” the “rising” instances of fraudulent marriages between NRIs and Indian residents, the Regulation Fee has proposed a radical legislation to handle the problem and necessary registration of such unions.

In presenting the report titled “Laws on Matrimonial Issues Regarding Non-Resident Indians and Abroad Residents of India” to the Ministry of Regulation, Justice (Retd) Ritu Raj Awasthi, the chairperson of the panel, emphasised that the Fee advocates for a centralised legislation that comprehensively addresses all facets associated to the marriages of NRIs and overseas residents of Indian origin with Indian residents.

“The rising incidence of fraudulent marriages involving Non-Resident Indians (NRIs) marrying Indian companions is a worrisome development. A number of stories spotlight an growing sample the place these marriages change into misleading, placing Indian spouses, particularly girls, in precarious conditions,” PTI quoted Justice Awasthi as saying in his overlaying letter to Regulation Minister Arjun Ram Meghwal on Thursday.

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The committee really helpful that such laws ought to lengthen its applicability not solely to Non-Resident Indians (NRIs) but additionally to people falling underneath the definition of ‘Abroad Residents of India’ (OCIs) as outlined within the Citizenship Act of 1955.

“It’s additional really helpful that every one marriages between the NRIs/OCIs and Indian residents must be made compulsorily registered in India,” added Justice Awasthi .

He stated the great central laws must also embody provisions on divorce, upkeep of partner, custody and upkeep of kids, serving of summons, warrants, or judicial paperwork on the NRIs and OCIs.

“Additional, it is strongly recommended that requisite amendments have to be launched within the Passports Act, 1967 as a way to mandate the declaration of marital standing, the linking of a partner’s passport with the opposite and mentioning of the wedding registration quantity on the passports of each the spouses,” he informed the federal government.

The fee recalled that as a way to cope with the rising scenario, the Registration of Marriage of Non-Resident Indians Invoice, 2019, was launched within the Rajya Sabha on February 11, 2019.

Initially, the sixteenth (earlier) Lok Sabha referred the invoice to the Committee on Exterior Affairs. Subsequently, the identical invoice was once more referred to the Committee on Exterior Affairs after the seventeenth (current) Lok Sabha was constituted, for additional examination.

As deliberations continued, the Regulation Fee acquired a reference on the NRI Invoice, 2019 from the Ministry of Exterior Affairs, conveyed by way of the Regulation Ministry in April final.

With inputs from businesses

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