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Synopsis

The 22nd Law Commission of India, under the chairmanship of Justice (Retd.) Ritu Raj Awasthi, has issued a comprehensive report addressing the complexities surrounding matrimonial disputes involving Non-Resident Indians (NRIs).

The report emphasises the urgent need for legal reform to protect individuals, especially women, from fraudulent marriages and abandonment.

The Commission, in its Report No. 287, highlighted that “Deceptive practices like false assurances, misrepresentation, and abandonment are commonly associated with these fraudulent unions, causing distress to the Indian partners.

The inter-country nature of these marriages further intensifies the vulnerability, making it challenging for affected individuals to pursue legal remedies and support.

Challenges such as financial exploitation and the complex legal aspects across multiple jurisdictions contribute to the hardships faced by those involved in such marriages”.

Recommendations are made by the Law Commission after an in-depth study of The Registration of Marriage of Non-Resident Indians Bill, 2019, introduced by the Government in the Rajya Sabha on February 11, 2019. The commission proposed that the said legislation should bring NRIs as well as foreign citizens of Indian origin and Overseas Citizens of India (OCIs) within its ambit.

Other key recommendations include:

•  Mandatory registration of NRI marriages in India within a specified timeframe.
• Amendments to the Passports Act, 1967 to require the declaration of marital status, linking of spouses' passports, and including the Marriage Registration Number on the passports, enhancing transparency and accountability in NRI marriages.
• Comprehensive legislation to include provisions on divorce, maintenance of spouse, custody and maintenance of children, serving of summons, warrants, or judicial documents on the NRIs/OCIs, etc
• Empowering authorities to revoke passports of NRIs ignoring court summons.

Additionally, the government is advised to work with women's commissions and NGOs to conduct awareness programs for those entering marriages with NRIs/OCIs, to educate them on their rights and the legal aspects of such unions.