The 287th report by the Legislation Fee of India has really helpful a slew of measures to curb the rising worrisome pattern of fraudulent marriage involving NRIs and Indian residents. The fee has really helpful that the federal government usher in laws to make registration of marriage between Non-Residential Indians/Abroad Residents of India and Indian nationals obligatory.
The report titled “Legislation on Matrimonial Points Relating To Non-Residential Indians and Abroad Residents of India” was launched on Thursday (February 15). The report notes that such marriages are performed on false assurances, misrepresentations, and many others and trigger misery to the Indian associate because it turns into tough for the associate to pursue any authorized treatment.
The fee has really helpful modifications to the Registration of Marriage of Non-Resident Indians Invoice, 2019 to make it complete and adequate to take care of all points arising out of marriage between Indian nationals and NRIs/OCIs.
The fee has additionally really helpful that to guard the abandoned partner within the eyes of legislation towards the erring partner, the federal government ought to change the definition of NRI underneath the proposed NRI Invoice to incorporate OCIs and Particular person of Indian Origins (PIO).
“The identical could also be supplied for by stating within the laws that it applies to all of the NRIs in addition to the OCIs (or PIOs) as outlined underneath Part 7A of the Citizenship Act, 1955. On this regard, it’s worthwhile to focus on that since such a laws shall apply not solely to the NRIs however to the OCIs (or PIOs) as effectively, therefore the identify of the proposed Act too ought to be accordingly formulated.”
The Legislation Fee has additional advised that every one the data pertaining to such marriages can be accessible with the involved Authorities division, ideally, the Ministry of Residence Affairs. It means that the identical shall be accessible by the Ministry of Exterior Affairs and ought to be made accessible on an internet portal.
“Nevertheless, there might also be conditions the place a citizen might turn into NRI/OCI after his/her marriage. The one issue with making registrations obligatory just for NRIs/OCIs is that the sooner marriages of such individuals might not be registered as a result of at the moment there is no such thing as a complete or uniform legislation governing registration of marriages in India. Subsequently, as an alternative of constructing registration of marriages obligatory in particular instances, it ought to be carried out typically for all instances. Alternatively, it could be supplied within the laws that if any married Indian citizen subsequently turns into an NRI/OCI, it shall be necessary for him/her to get his marriage registered if he/she has not already carried out so,” the report mentioned.
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The report additional says that the proposed legislation also needs to take care of all features of NRI/OCI marriages together with custody, rehabilitation, youngster care and many others. of the abandoned partner and shall additionally incorporate provisions on the jurisdiction of courts, service of summons and many others. It’s pertinent to notice on this regard that Part 63(ii) of the Bharatiya Nagarik Suraksha Sanhita, 2023 permits the courts to difficulty summons within the digital mode.
“Additional, it’s endorsed that the proposed complete laws governing totally different features of NRI/OCI marriages shall take care of all of the features together with custody, rehabilitation, youngster care and many others. of the abandoned partner and shall additionally incorporate provisions on the jurisdiction of courts, service of summons and many others. It’s pertinent to notice on this regard that Part 63(ii) of the Bharatiya Nagarik Suraksha Sanhita, 2023 permits the courts to difficulty summons within the digital mode.”
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The report additionally asks for extra provisions within the new laws to make sure look of the defaulting NRI/OCI earlier than a courtroom in India in matrimonial issues referring to his marriage with an Indian partner solemnised in India. Such a courtroom look will also be facilitated by the Indian Missions overseas via video conferencing in order to make sure digital attendance of the accused if the identical will not be doable bodily because of any purpose.
The report additionally lays down detailed suggestions for provisions to be included within the NRI Invoice to control registration of marriages in addition to divorces of Indian nationals with NRIs and OCIs. It additionally recommends suspension of Passport and different journey paperwork as punishment in case of dispute.
The legislation fee has additionally mentioned that to forestall instances of fraudulent marriages whereby a celebration to the wedding is an NRI/OCI, the federal government ought to create consciousness by partaking with the Indian Diaspora overseas via its group occasions and common interplay with the Indian communities and organisations.