What the Law Panel Said about ‘Troubling Trend’ in NRIs and OCIs Marrying Indians

The rising occurrence of fraudulent marriages involving Non-Resident Indians (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. In a covering letter to Law Minister Arjun Ram Meghwal, Justice Awasthi emphasized the need for legislation that should be applicable not only to NRIs but also to Overseas Citizens of India (OCIs) as defined in the Citizenship Act, 1955.

He further recommended that all marriages between NRIs/OCIs and Indian citizens should be compulsorily registered in India. The comprehensive central legislation should include provisions on divorce, maintenance of spouse, custody and maintenance of children, serving of summons, warrants, or judicial documents on the NRIs and OCIs. Additionally, Justice Awasthi suggested amendments to the Passports Act, 1967 to mandate the declaration of marital status and linking of spouses’ passports, along with mentioning the marriage registration number on the passports of both spouses.

The Registration of Marriage of Non-Resident Indians Bill, 2019, was introduced in the Rajya Sabha on February 11, 2019. The bill was initially referred to the Committee on External Affairs by the previous Lok Sabha and subsequently to the same committee after the present Lok Sabha was constituted. Following ongoing deliberations, the Law Commission received a reference on the NRI Bill, 2019 from the Ministry of External Affairs, conveyed through the Law Ministry in April.

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