22nd Law Commission of India has submitted its Report No. 287 titled “Law on Matrimonial Issues Relating to Non-Resident Indians and Overseas Citizens of India” to the Government of India on 15.02.2024.
The Law Commission of India received a reference on The Registration of Marriage of Non-Resident Indians Bill, 2019 (NRI Bill, 2019) from the Ministry of External Affairs, received through the Department of Legal Affairs, Ministry of Law and Justice, for examination.
Having conducted an in-depth study of the law concerning the instant subject-matter, including the NRI Bill, 2019 , the Commission is of the considered opinion that the proposed central legislation should be comprehensive enough to cater to all facets involving marriages of NRIs as well as foreign citizens of Indian origin with that of Indian citizens.
Such a legislation should be made applicable not only to the NRIs but also to those individuals who come within the definition of ‘Overseas Citizens of India’ (OCIs) as laid down under Section 7A of the Citizenship Act, 1955.
It is further recommended that all marriages between the NRIs/OCIs and Indian citizens should be made compulsorily registered in India.
The said comprehensive central legislation should also include provisions on divorce, maintenance of spouse, custody and maintenance of children, serving of summons, warrants, or judicial documents on the NRIs/OCIs, etc.
Further, it is recommended that requisite amendments need to be introduced in the Passports Act, 1967 in order to mandate the declaration of marital status, the linking of a spouse’s passport with the other and mentioning of the Marriage Registration Number on the passports of both the spouses.
Furthermore, the Government, in collaboration with the National Commission for Women and the State Commissions for Women in India and the NGOs and Indian associations abroad, should conduct awareness programs for women and their families who are about to enter into marital relationship with NRIs/OCIs.