Compulsory Marriage Registration for Non-Resident Indians
Compulsory Marriage Registration for Non-Resident Indians: An Overview of the 2019 Bill
The Registration of Marriage of Non-Resident Indian Bill, 2019 (Bill No. XII of 2019) is a legislative proposal aimed at addressing the growing concern of Indian women being deserted or defrauded in marriages involving Non-Resident Indians (NRIs).
Introduced in the Lok Sabha, the Bill seeks to mandate compulsory registration of such marriages within 30 days, while introducing stringent enforcement mechanisms through amendments to the Passports Act, 1967, and the Code of Criminal Procedure, 1973 (CrPC).
This article breaks down the key provisions, objectives, and implications of the Bill for educational purposes.
Background and Statement of Objects and Reasons
Reports of fraudulent NRI marriages have highlighted vulnerabilities faced by spouses, particularly women, left without legal recourse due to unregistered unions.
The Bill emphasizes the need for safeguards under family laws (e.g., maintenance, divorce, or custody rights). By mandating registration, it aims to enable better enforcement of deserted spouses’ rights and deter evasion by NRIs residing abroad.
The legislation applies across India (except Jammu and Kashmir at the time of introduction) and will come into force on a date notified by the Central Government.
Definition of Non-Resident Indian
Under Clause 2, a “Non-Resident Indian” is defined simply as a citizen of India who resides outside India. This broad scope covers NRIs marrying either Indian citizens or fellow NRIs, whether in India or abroad.
Core Provision: Compulsory Registration (Chapter II)
Clause 3 mandates registration as follows:
Marriages in India:
Every NRI marrying an Indian citizen must register the marriage within 30 days under any existing law (including state-specific acts like the Hindu Marriage Act, 1955, or Special Marriage Act, 1954).
Marriages Outside India:
NRIs marrying an Indian citizen or another NRI abroad must register within 30 days with the Marriage Officer appointed under Section 3 of the Foreign Marriage Act, 1969.
The jurisdiction is where the marriage took place or was solemnized, at the parties’ choice.
Failure to comply triggers penalties outlined in the amendments below.
Amendment to the Passports Act, 1967 (Chapter III)
Clause 4 inserts a new ground under Section 10(3) of the Passports Act:
- The passport authority can impound, revoke, or cause to be impounded an NRI’s passport or travel document if informed that the holder failed to register the marriage within 30 days.
This measure restricts international mobility, compelling compliance and aiding enforcement against absconding spouses.
Amendments to the Code of Criminal Procedure, 1973 (Chapter IV)
Clause 5 introduces a new Section 86A in the CrPC, creating a digital enforcement framework via the Ministry of External Affairs (MEA) website:
Service of Summons:
If regular service fails, courts can upload a summons (with case details) on the MEA’s designated website. This upload is conclusive evidence of service.
Issuance of Arrest Warrant:
Non-appearance leads to an uploadable warrant on the same website.
Declaration as Proclaimed Offender:
Further non-compliance allows the court to declare the person a proclaimed offender and to upload the declaration.
Deemed Service:
A court statement confirming website upload serves as conclusive proof of warrant issuance and service.
Attachment of Property:
Post-proclamation, courts can order attachment of the offender’s movable or immovable property (including joint shares, limited to the offender’s interest).
These provisions override standard CrPC rules, enabling action against NRIs evading Indian courts from abroad.
Court Marriage Objectives and Implications
Protection for Spouses:
Mandatory registration ensures legal recognition, facilitating claims under laws like Section 125 CrPC (maintenance) or the Protection of Women from Domestic Violence Act, 2005.
Deterrence:
Passport impounding and property attachment create financial and travel barriers for non-compliant NRIs.
Digital Innovation:
Website-based service streamlines cross-border enforcement, reducing reliance on mutual legal assistance treaties.
Potential Challenges:
The 30-day window may be tight for overseas marriages. Privacy concerns arise from public website uploads, though limited to case essentials.
As of now, the Bill remains a proposal and has not been enacted into law. It reflects India’s evolving approach to transnational family disputes.
Instant Court Marriage Services – How an LLC Can Assist
For couples seeking hassle-free compliance (e.g., under the Special Marriage Act for interfaith or NRI unions), Legal Light Consulting offers instant court marriage services in Delhi and across India.
Our expert lawyers handle documentation, affidavits, witness arrangements, and registration in as little as one day. Contact us for NRI-specific guidance to ensure timely registration and avoid future complications.
This article is for educational purposes only and does not constitute legal advice. Consult a qualified lawyer for personalized guidance.
Legal Light Consulting – Your Partner in Family Law Compliance
FAQ: The Registration of Marriage of Non-Resident Indian Bill, 2019
1. What is the Registration of Marriage of Non-Resident Indian Bill, 2019?
It is a proposed law to mandate the compulsory registration of marriages involving Non-Resident Indians (NRIs) within 30 days of marriage. It also amends the Passports Act, 1967, and Code of Criminal Procedure, 1973 (CrPC) to enforce compliance.
2. Has this Bill become law yet?
No. As of November 2025, the Bill has not been passed by Parliament. It remains a proposed legislation.
3. Who is a “Non-Resident Indian” (NRI) under this Bill?
An NRI is defined as:
“A citizen of India who resides out of India.” This includes Indian passport holders living abroad, even if they hold Overseas Citizenship of India (OCI).
4. Which marriages must be registered under this Bill?
All marriages where at least one spouse is an NRI, including:
- NRI marrying an Indian citizen (in India or abroad)
- NRI marrying another NRI (in India or abroad)
5. What is the deadline for registration?
Within 30 days from the date of marriage.
6. Where should the marriage be registered?
| Location of Marriage | Registration Authority |
|---|---|
| In India | Under any existing law (e.g., Hindu Marriage Act, Special Marriage Act, or State Acts) |
| Outside India | With the Marriage Officer under the Foreign Marriage Act, 1969, in the country where the marriage took place |
7. What happens if an NRI fails to register the marriage within 30 days?
If enacted, the following penalties may apply:
- A passport may be impounded or revoked by the passport authority.
- Court summons/warrants can be served via the MEA website.
- Non-appearance may lead to:
- Declaration as a proclaimed offender
- Attachment of property (movable/immovable, including joint property shares)
8. Can a court summons be served online under this Bill?
Yes. If regular service fails:
- Summons are uploaded on the MEA’s designated website
- Upload is conclusive proof of service
- Non-appearance → warrant → proclamation → property attachment
9. Can property in India be attached if the NRI lives abroad?
Yes. Courts can order attachment of:
- Movable or immovable property
- Even jointly owned property (only the NRI’s share)
10. Why was this Bill introduced?
To protect Indian spouses (especially women) from:
- Fraudulent NRI marriages
- Desertion without legal recourse
- Difficulty in claiming maintenance, divorce, or child custody due to unregistered marriages
11. Does this Bill apply to Jammu and Kashmir?
The Bill originally excluded Jammu and Kashmir. However, post the Jammu and Kashmir Reorganisation Act, 2019, central laws now apply unless specifically excluded. Clarification may be needed if the Bill is passed.
12. Can an NRI register a marriage after 30 days?
The Bill does not provide for condonation of delay. Non-registration triggers penalties immediately after 30 days.
13. Is court marriage a safe option for NRI marriages?
Yes! Court marriages under the Special Marriage Act, 1954, are:
- Quick (can be done in 1–3 days)
- Legally valid worldwide
- Easily registrable with proper documentation, Legal Light Consulting offers instant court marriage services for NRIs and Indian citizens.
14. How can Legal Light Consulting (LLC) help with NRI marriage registration?
We provide:
- Instant court marriage in Delhi & PAN India
- NRI-specific documentation & affidavits
- Liaison with Marriage Officers abroad
- Guidance on Foreign Marriage Act compliance
- Post-marriage registration support
Contact us today to secure your marriage legally!
Disclaimer: This FAQ is for educational purposes only. The Bill is not yet law. Always consult a qualified lawyer for case-specific advice. Legal Light Consulting – Simplifying NRI Family Law 
Call: Instant Court Marriage | 
Email: instantcourtmarriage@gmail.com
