Law Panel’s Remarks on Concerning Trend of 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.

Justice Awasthi expressed these concerns in a letter to Law Minister Arjun Ram Meghwal. He recommended legislation that would apply not only to NRIs but also to individuals falling under the definition of ‘Overseas Citizens of India’ (OCIs) as per the Citizenship Act, 1955.

The commission suggested that all marriages between NRIs/OCIs and Indian citizens should be compulsorily registered in India. Additionally, the recommended legislation should have provisions on divorce, maintenance of spouse, custody and maintenance of children, and serving of legal documents on NRIs and OCIs.

The commission also suggested amendments to the Passports Act, 1967 to mandate the declaration of marital status, linking of spouse’s passports, and mentioning of 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, and referred to the Committee on External Affairs.

After the 17th Lok Sabha was formed, the same bill was again referred to the Committee on External Affairs for further examination. Following ongoing deliberations, the Law Commission received a reference on the NRI Bill, 2019 from the Ministry of External Affairs in April.

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