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NRI MARRIAGE- compulsory registration

 

Compulsory registration of Indian girls with NRI grooms -
Law Commission recommends

New Delhi, July 23, 2009
Rajya Sabha
Sampuran Singh

The recommendation of Law Commission to tackle the problem of abuse of Indian brides by NRI husbands are under examination of the Ministry of Law & Justice. Main recommendations with regard to marriage of Indian brides with NRI husbands are given in Annexure-I.

The number of such complaints received in the Ministry is given in Annexure-II. Action on guilty persons can be taken only based on court orders in each case.

This information was given by the Minister of Overseas Indian Affairs, Shri Vayalar Ravi in a written reply in the Rajya Sabha today.

Annexure-I

Main recommendations with regard to marriage of Indian brides with NRI husbands:

A. Registration of marriages must be made compulsory;

B. Dissolution of marriage on the ground of irretrievable breakdown of marriage be introduced in the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954;

C. Where one of the spouses is an NRl, parallel additions must be made in the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954 to provide for provisions for maintenance and alimony of spouses, child custody and child support and as also settlement of matrimonial property;

D. In the matter of succession, transfer of property, repartition of NRI funds etc., the respective State governments must simplify and streamline procedures;

E. the Commission has already recommended in its 218th Report as to the need to accede to the Hague Convention on the civil aspects of International Child Abduction;

F. Inter-country Child Adoption Procedures must be simplified and a single uniform legislation must be provided for in the matter of adoption of Indian children by NRIs. India has also ratified the Convention of 29 May 1993 on Protection of Children and Co­operation in Respect of Inter-country Adoption. Thus a simplified law should be enacted on the subject in the light of this Convention.

Annexure-II

Total number of Complaints received in MOIA State wise up to June, 2009

  1. Punjab                   86
  2. Delhi                      56
  3. Haryana                 20
  4. Uttar Pradesh         18
  5. Andhra Pradesh      31
  6. West Bengal           13
  7. Maharastra             15
  8. Gujarat                    6
  9. Tamil Nadu            21
  10. Kerala                   12
  11. J&K                       7
  12. Bihar                      4
  13. Rajasthan               6
  14. Karnataka              3
  15. Madya Pradesh      3
  16. Assam                    2
  17. Orissa                    2
  18. Chhattishgarh         1
  19. Uttaranchal            1
  20. Utarakhand            1
  21. Himachal Pradesh  1
                  Total = 319