NRI/OCI and Indian Citizens’ wedding to be registered compulsorily in India
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On February 16, 2024, the Law Commission, headed by Justice Ritu Raj Awasthi, issued a report recommending to the Union Government that all marriages between non-resident Indians (NRI) or overseas citizens of India and Indian citizens should be registered compulsorily in India.
This report has been issued amidst growing frauds such as abandonment, misrepresentation, false assurances, and many more.
In November, the Law Commission was asked to review and tighten the regulations regarding the marriage between NRIs or OCIs and Indian citizens and also identify the gaps and issues in the current framework that are resulting in issues between the two.
The report 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 a precarious situation. Therefore, all marriages between NRIs, OCIs, and Indian citizens should be compulsorily registered in India.”
The Panel furthermore said that the central legislation should also include a proper provision on issues such as divorce, custody and maintenance of children, serving of summons and warrants, maintenance of spouses, and judicial documents of the NRIs and OCIs.
It has also been recommended that jurisdiction be granted to the domestic court so that these issues can be adjudicated within a legal framework safeguarding the rights and interests of both parties.
