Law Commission proposes mandatory reg. of NRI-Indian marriages to curb fraudulent practices

Law Commission proposes mandatory reg. of NRI-Indian marriages to curb fraudulent practices

In a move aimed at addressing the growing concerns surrounding fraudulent marriages involving Non-Resident Indians (NRIs) and Indian citizens, the Law Commission has recommended compulsory registration of all such marriages in India. Headed by Justice Ritu Raj Awasthi, the commission submitted a comprehensive report to the Ministry of Law and Justice, highlighting the pressing need for regulatory measures to combat deceptive practices that often leave Indian spouses vulnerable to exploitation and abandonment.

The report sheds light on a troubling trend where marriages between NRIs and Indian partners frequently unravel into deceitful arrangements, leading to significant distress and hardship for the Indian spouse. These distressing scenarios underscore the urgent need for stringent legal frameworks to safeguard the rights and interests of individuals entangled in such unions.

Among the key recommendations proposed by the Law Commission is the enforcement of mandatory registration for all marriages between NRIs/OCIs (Overseas Citizens of India) and Indian citizens. This measure seeks to enhance transparency and accountability while providing an official record of the marital union, thereby mitigating the risk of fraudulent activities.

Moreover, the proposed legislation would encompass provisions concerning divorce, spousal maintenance, child custody, and the serving of legal documents on NRIs and OCIs. By establishing clear guidelines and mechanisms for addressing disputes arising from such marriages, the law aims to ensure fair and equitable resolutions within the domestic legal framework.

Recognizing the need for broader legislative reforms, the Law Commission has recommended amendments to the Passports Act, 1967. These amendments would mandate the declaration of marital status, linking of spouses' passports, and inclusion of marriage registration numbers on passport records. Such measures aim to facilitate easier identification and verification of marital status, thereby reducing the potential for fraudulent activities.

Furthermore, the commission advocates for granting jurisdiction to domestic courts to adjudicate disputes arising from NRI/OCI marriages. This provision aims to enable efficient resolution of legal matters while upholding the rights and interests of all parties involved. By empowering domestic courts to address such issues, the legal system can ensure a fair and just process that aligns with the country's legal procedures and applicable laws.

In addition to legislative reforms, the Law Commission emphasizes the importance of raising awareness among the Indian diaspora regarding the legal implications of NRI/OCI marriages. The commission recommends proactive engagement with community events and organizations to disseminate information and provide guidance on legal procedures and rights.

The recommendations put forth by the Law Commission represent a significant step towards addressing the challenges posed by fraudulent marriages involving NRIs and Indian citizens. By advocating for mandatory registration, legislative amendments, and enhanced judicial oversight, the commission aims to strengthen legal protections and promote greater transparency and accountability in marital unions involving NRIs.

 

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