In a move aimed at curbing instances of fraud and misdemeanour against people marrying foreign nationals, the law commission has recommended compulsory registration of marriages between Indians and non-resident Indian (NRI)/ Overseas Citizens of India (OCI).
In a report submitted to the government on February 15, 2024, the 22nd law commission has also recommended that the performa for registration of such marriage should be exhaustive, and should incorporate details of travel documents, permanent residence, address in foreign country with proof.
“There should also be a provision for updating of the address online at any point of time. This can be done after creation of a separate Central NRI Marriage Registry, enabling upload of the uniform proforma for registration of NRI marriage with the facility of updating of address. The certificate of marriage issued by the Marriage Officer shall include the security number of the foreign home of the NN/OCI spouse, along with the valid number of the passport, the permanent residential address and brief relevant details,” it said.
In its report titled Law on Matrimonial Issues Relating to Non-Resident Indians and Overseas Citizens of India, the commission said that through compulsory registration of marriages of NRIs with an Indian spouse solemnised in India or abroad, the details of the travel documents or passport as well as visa or permanent resident card and permanent resident address in the foreign country of the NRIs shall be included. This would help create a database of the NRIs marriages for better enforcement of rights under various family laws that grant and provide to protect the various rights of the deserted spouse within a marriage.
In the absence of the details of residence proof, serving judicial summons or warrant to NRIs is a challenge for Indian Missions as in most cases, either because the foreign address given is incorrect, and whereabouts of the addressee are not known or the accused NRI has deliberately moved residence to another place, it said.
“The purpose of making the registration of marriage mandatory within 30 days of marriage, in India or abroad, is to ensure that the details of travel documents and the permanent residential address in a foreign country of the NRIs. It will help in acquiring the requisite information to trace the NRI to enable legal action to be taken for enforcement of the rights of the abandoned spouse under the various family laws,” the panel recommended.
The commission recommended that recognition may be granted by an Indian law to a foreign divorce based on the domicile, habitual residence or nationality of one of the parties and the ancillary orders of foreign courts should not be treated as binding by our courts.
The residence of a person as opposed to the domicile at the time of commencement of the proceedings is relevant in establishing the competency of the foreign county for the enforcement of its judgment, it said.
Residence refers to physical fact, connoting a person’s bodily presence as an inhabitant, provided that it is not transitory, fleeting or casual. The domicile refers to a person’s intention to reside permanently in a country, not for a mere special or temporary purpose, it explained.
In other words, the domicile is of the whole country. Therefore, no one can be without a domicile and no one can have two domiciles.
“Although the intention of a person is not relevant in establishing one’s residence in a foreign country, it must be voluntary and lawful. Further, it is habitual as opposed to the ordinary residence in the state of origin that is relevant,” it added.
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