The Law Commission has recommended to the Union government the mandatory registration of NRI/OCI marriages in India, following the rising trend of misrepresentation, abandonment and fraudulent marriages.

In a report titled ‘Law on Matrimonial Issues Relating to Non-Resident Indians and Overseas Citizens of India’, submitted to the Ministry of Law and Justice, the Law Commission has said that all marriages between NRIs and Indian citizens should be compulsorily registered in India to prevent fraud. The Commission, headed by Justice Ritu Raj Awasthi, 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 precarious situations.”

The Union Home Ministry defines an NRI as an Indian citizen living outside India and holding an Indian passport. An OCI is described as an individual of Indian origin who was a citizen of India on or after January 26, 1950, or eligible for Indian citizenship on that date, according to the Ministry of External Affairs.

The report affirmed that the new law should also include provisions on divorce, maintenance of spouse, custody and maintenance of children, and other formalities relating to NRIs and OCIs. In addition, under the Passports Act, 1967, the declaration of marital status, the linking of the couple’s passport one with the other, and noting the marriage registration number on both the passports, should be mandatorily done. This is also in line with The Registration of Marriage of Non-Resident Indian Bill, 2019, which says, “Every NRI who marries a citizen of India or another NRI shall register his marriage within 30 days. In case an NRI fails to register the marriage within 30 days, the passport authority may impound his passport.” The Bill does not provide any extension of time should the NRI fail to register the marriage within the 30-day period.

Considering the increasing instances of violations, the law panel has further said, “Domestic courts shall have the jurisdiction to address and resolve issues emanating from such unions. Disputes arising within such marriages often necessitate the intervention of the local legal system to ensure fair and just resolution of disputes.”