An Analysis of The Registration of Marriage of Non-Resident Indian Bill, 2019

An Analysis of The Registration of Marriage of Non-Resident Indian Bill, 2019

For Indian citizens entering into matrimony with a Non-Resident Indian (NRI), the cross-border nature of the relationship has often presented unique legal challenges, particularly in cases of abandonment or fraudulent marriages.

To address this growing concern, the Indian government proposed The Registration of Marriage of Non-Resident Indian Bill, 2019.

This proposed legislation aims to create a robust legal framework to protect the rights of spouses, primarily Indian women, left vulnerable in foreign jurisdictions.

As a matter for educational discussion within legal consulting, particularly for firms like Legal Light Consulting (LLC) that advise on court marriages and family law, understanding this Bill is crucial for guiding clients through the evolving legal landscape for NRI marriages.

The Core Objective: Compulsory Registration

The cornerstone of the Bill is the mandate for compulsory registration of marriages involving an NRI.

• Definition of NRI: The Bill defines an NRI simply as a citizen of India who resides outside the country.

• Timeline and Jurisdiction:

  • If an NRI marries an Indian citizen in India, the marriage must be registered under existing Indian laws within 30 days.

  • If the marriage takes place outside India (between an NRI and an Indian citizen or between two NRIs), it must be registered within 30 days with the relevant Marriage Officer under the Foreign Marriage Act, 1969.

This mandatory registration creates an official, verifiable record of the marriage, which is the first and most critical step in establishing legal rights related to maintenance, divorce, and inheritance.

Key Legislative Amendments for Enforcement

The Bill’s effectiveness is bolstered by proposing significant amendments to two existing central acts, creating powerful deterrents and enforcement mechanisms.

1. Amendment to the Passport Act, 1967 (The “Teeth” of the Bill)

This is one of the most significant provisions. The Bill proposes to amend Section 10 of the Passport Act to empower the passport authority to impound or revoke the passport or travel document of an NRI who fails to register their marriage within the stipulated 30 days.

• Impact: This directly targets an NRI’s ability to travel freely. The threat of losing one’s passport acts as a strong compulsion to comply with the registration mandate and serves as a potent tool for a deserted spouse to seek legal recourse.

2. Amendment to the Code of Criminal Procedure, 1973 (Closing the Evasion Loophole)

A common tactic in NRI matrimonial disputes is the avoidance of court summons and warrants. The Bill proposes to insert a new Section 86A into the CrPC to tackle this issue head-on.

Service of Summons/Warrants via Website:

Courts can now upload summons, warrants, and even proclamations of an individual as a “proclaimed offender” on a specially designated website of the Ministry of External Affairs. This digital upload will be considered conclusive evidence of service.

Attachment of Property:

 If the accused still fails to appear, the court is empowered to attach their property in India, both movable and immovable. This provision directly targets financial assets, making it difficult for an offender to evade the law while holding assets in India.

Implications for Legal Consulting and Court Marriages

For legal firms and consultants, this proposed legislation underscores the need for proactive counsel.

Pre-Marital Advisory:

Lawyers must advise all clients (especially Indian citizens) marrying an NRI of the mandatory 30-day registration requirement, whether the marriage is solemnized in India or abroad. This should be presented not as a bureaucratic formality, but as a fundamental step for their legal security.

Streamlining Court Marriages:

For couples opting for a court marriage under the Special Marriage Act, 1954, the registration is inherent to the process. Legal consultants can emphasize that this already fulfills the Bill’s requirement for marriages in India, making it a secure and compliant choice.

Leveraging the New Tools:

 In litigation scenarios, family lawyers now have a powerful set of tools. They can initiate proceedings that could lead to the revocation of the NRI spouse’s passport and the attachment of their Indian properties, significantly strengthening the position of the abandoned spouse.

Conclusion

The Registration of Marriage of Non-Resident Indian Bill, 2019, represents a significant and necessary step by the Indian legislature to address the legal vulnerabilities in transnational marriages.

By mandating registration and backing it with stringent amendments to the Passport Act and the CrPC, it aims to deter fraud and provide tangible mechanisms for justice.

For educational purposes, it is clear that this Bill, when enacted, will fundamentally change the practice of family law as it pertains to NRI marriages.

Legal consultants and law firms must integrate an understanding of these provisions into their advisory services, ensuring clients are not only aware of their rights but are also equipped with the legal instruments to defend them.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. The Bill discussed was introduced in 2019; its current status may have changed. Please consult with a qualified legal professional for advice on your specific situation.

FAQ: The Registration of Marriage of Non-Resident Indian Bill, 2019

Q1: What is the main purpose of the NRI Marriage Registration Bill, 2019?

The primary purpose is to protect Indian citizens, particularly women, from being trapped in fraudulent marriages with Non-Resident Indians (NRIs). It aims to ensure that all such marriages are officially registered, making it easier to enforce legal rights related to maintenance, divorce, and inheritance in case of abandonment or dispute.

Q2: Who is considered an “NRI” under this Bill?

The Bill defines a “Non-Resident Indian” very simply as a citizen of India who resides outside of India.

Q3: Is registering an NRI marriage now compulsory?

Yes, according to the proposed Bill, it is mandatory. Every NRI who marries an Indian citizen or another NRI must get the marriage registered within a specific timeframe.

Q4: What is the deadline for registering the marriage?

The marriage must be registered within 30 days from the date of the marriage.

Q5: Where should an NRI couple register their marriage?

• If married in India: The marriage should be registered under any relevant Indian law (including State laws) within India.

• If married outside India: The marriage must be registered with the Marriage Officer appointed under the Foreign Marriage Act, 1969, within whose jurisdiction the marriage took place.

Q6: What happens if an NRI fails to register their marriage?

The Bill proposes a significant consequence: the passport authority can impound or revoke the passport or travel document of the NRI who failed to register the marriage.

Q7: How does this Bill help if an NRI spouse abandons their partner and avoids court notices?

The Bill proposes a major change to the Code of Criminal Procedure (CrPC) to address this exact problem:

• Digital Summons: Courts can upload summons and warrants to a specially designated website of the Ministry of External Affairs. This online upload will be considered conclusive proof that the person has been served.

• Attachment of Property: If the NRI still fails to appear, the court can declare them a “proclaimed offender” and order the attachment of their property in India (both movable and immovable assets).

Q8: Does this Bill apply to all of India?

As per the text, the Bill extends to the whole of India, except the State of Jammu and Kashmir. (Note: This was before the repeal of Article 370. The applicability for a current version of such a bill would need to be verified).

Q9: Is this Bill currently a law?

The provided text is from the Bill introduced in 2019. A Bill is a proposed law and becomes an Act only after it is passed by both houses of Parliament and receives the President’s assent. For its current status, one would need to check official government records.

Q10: What should someone planning to marry an NRI do?

They should ensure that the marriage is registered within 30 days, as per the proposed law. Consulting with a legal professional to understand the correct procedure for registration, whether in India or abroad, is highly recommended to ensure compliance and safeguard their rights.

Disclaimer: This FAQ is for educational purposes only and is based on the content of a proposed Bill from 2019. It does not constitute legal advice. Please consult with a qualified lawyer for guidance on your specific situation.