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Posted 17 Feb 2024

Updated 22 Mar 2024

2 min read

  • Report was submitted by the Law Commission of India (LCI). 
     
  • Key issues highlighted 
    • Lack of regulation 
      • There exist no law governing marriages with NRIs.
      • There is no central legislation prescribing compulsory registration of marriages. 
    • Rising trend of fraudulent matrimony 
      • Such marriages between NRIs and Indians leave Indian spouses, particularly women, vulnerable to domestic violence, abandonment, ex-parte divorce, etc.
        • Ex-parte divorce is initiated in a foreign court without the knowledge/consent of Indian spouse.
    • Difficulty in legal assistance:  Inter-country nature of marriages makes it difficult for Indian spouses to seek legal recourse. 
       
  • Key recommendations: 
    • Enact comprehensive lawBroaden NRI Bill, 2019:
      • to cover divorce, maintenance, and child support, and 
      • make it applicable to OCIs, and Persons of Indian Origin (PIOs) apart from the NRIs. 
    • Compulsory registration in India
      • Registration should contain information of social security number, passport particulars, ID card etc., to build a proper identification and tracking system.
      • Failure to register such a marriage should attract fines or imprisonment. 
      • Law will be given an overriding effect on all other laws
         

About OCIs, PIOs and NRIs

  • NRIs are Indian citizens living abroad, OCIs and PIOs are foreign citizens whose Indian origin is legally recognised, and by which certain privileges are extended to them.
  • PIO and OCI Card Scheme were merged in 2015. 
  • Therefore, the Government of India has decided to discontinue the issuance of any new PIO card.
  • Tags :
  • OCI
  • NRI
  • NRI BILL, 2019
  • fraudulent matrimony
  • PIO
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