New Delhi: The 22nd Law Commission of India has presented its detailed report, Report No. 287, titled “Law on Matrimonial Issues Relating to Non-Resident Indians and Overseas Citizens of India,” to the Government of India on February 15, 2024.
The Law Commission undertook an exhaustive examination, prompted by a reference on The Registration of Marriage of Non-Resident Indians Bill, 2019 (NRI Bill, 2019) from the Ministry of External Affairs, channeled through the Department of Legal Affairs, Ministry of Law and Justice.
After a comprehensive study of the pertinent laws, including the NRI Bill, 2019, the Commission proposes that the envisioned central legislation should encompass all aspects related to marriages involving Non-Resident Indians (NRIs) and foreign citizens of Indian origin with Indian citizens. This legislation should not only pertain to NRIs but also extend its applicability to individuals falling within the definition of ‘Overseas Citizens of India’ (OCIs) as outlined under Section 7A of the Citizenship Act, 1955.
The key recommendations include making the compulsory registration of all marriages between NRIs/OCIs and Indian citizens in India. The comprehensive central legislation should also address issues related to divorce, maintenance of spouses, custody and maintenance of children, and the serving of summons, warrants, or judicial documents to NRIs/OCIs.
Furthermore, the Law Commission suggests introducing necessary amendments in the Passports Act, 1967. These amendments would mandate the declaration of marital status, linking the passports of spouses, and the inclusion of the Marriage Registration Number on both spouses’ passports.
In addition to legislative measures, the Commission recommends collaborative efforts between the Government, the National Commission for Women, State Commissions for Women in India, NGOs, and Indian associations abroad. These initiatives would aim to conduct awareness programs for women and their families entering marital relationships with NRIs/OCIs.
The proposed legislation and amendments seek to address the complexities surrounding marriages involving NRIs and OCIs, ensuring legal safeguards and streamlined processes for the individuals concerned.