Matrimonial Laws for NRIs & OCIs: 22nd Law Commission Report

Current Context: The 22nd Law Commission of India has submitted its Report No. 287 titled “Law on Matrimonial Issues Relating to Non-Resident Indians and Overseas Citizens of India” to the Government of India on 15.02.2024.

• Here are the key recommendations from the report:
• The proposed central legislation should be comprehensive enough to cater to all facets involving marriages of NRIs as well as foreign citizens of Indian origin with that of Indian citizens.
• All marriages between the NRIs/OCIs and Indian citizens should be made compulsorily registered in India.
• The said comprehensive central legislation should also include provisions on divorce, maintenance of spouse, custody and maintenance of children, serving of summons, warrants, or judicial documents on the NRIs/OCIs.
• Requisite amendments need to be introduced in the Passports Act, 1967 to mandate the declaration of marital status, the linking of a spouse’s passport with the other and mentioning of the Marriage Registration Number on the passports of both the spouses.
• The Government, in collaboration with the National Commission for Women and the State Commissions for Women in India and the NGOs and Indian associations abroad, should conduct awareness programs for women and their families who are about to enter into marital relationship with NRIs/OCIs.

Question:

Q.1 According to the 22nd Law Commission Report, all marriages between NRIs/OCIs and Indian citizens should be:
a. Registered in the country of the NRI/OCI
b. Registered in India
c. Registered in both countries
d. Not necessarily registered