Safeguarding Spouses: The Registration of Marriage of Non-Resident Indian Bill 2019
Statement of Objects and Reasons: The Registration of Marriage of Non-Resident Indian Bill, 2019
In recent years, there has been a distressing surge in cases involving Indian women trapped in fraudulent marriages with Non-Resident Indians (NRIs). These incidents underscore the urgent need for protective measures to shield vulnerable spouses from such exploitative situations. Recognizing this imperative, the Registration of Marriage of Non-Resident Indian Bill, 2019 aims to introduce safeguards to uphold the rights of deserted spouses and ensure accountability within matrimonial unions.
Compulsory Registration Requirement:
The crux of the bill lies in its provision mandating the compulsory registration of marriages involving Non-Resident Indians within thirty days from the date of marriage, whether solemnized within or outside India. This pivotal requirement not only establishes a legal record of such marriages but also enhances the enforceability of rights under various family laws. By formalizing the registration process, the bill seeks to fortify the legal standing of spouses and mitigate the risk of fraudulent practices.
Proposed Amendments:
The Registration of Marriage of Non-Resident Indian Bill, 2019 proposes amendments to two key legislations, namely the Passport Act, 1967, and the Code of Criminal Procedure, 1973.
Amendment to the Passport Act, 1967: One significant amendment empowers the passport authority to impound or revoke the passport or travel document of a Non-Resident Indian who fails to register their marriage within the stipulated thirty-day period. This measure serves as a deterrent against non-compliance and underscores the state’s commitment to ensuring accountability among NRIs regarding their marital obligations.
Amendment to the Code of Criminal Procedure, 1973: Furthermore, the proposed amendments to the Code of Criminal Procedure, 1973, introduce provisions enabling courts to issue summons and warrants electronically through a designated website of the Ministry of External Affairs, Government of India. Additionally, the bill empowers courts to attach the movable and immovable properties of proclaimed offenders, thereby bolstering the enforcement mechanism and expediting legal proceedings.
Conclusion:
The Registration of Marriage of Non-Resident Indian Bill, 2019 represents a significant stride towards safeguarding the rights and interests of spouses, particularly women, embroiled in marriages with Non-Resident Indians. By instituting compulsory registration and bolstering enforcement mechanisms, the bill aims to curb fraudulent practices, promote accountability, and provide recourse for aggrieved parties. As India takes proactive measures to address the vulnerabilities inherent in cross-border marriages, the bill stands as a beacon of protection and empowerment for individuals navigating the complexities of international matrimonial unions.
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