How To Register Overseas Marriage?

31 July 2023

3,963 6 mins read

This Blog gives a detailed description of how to register overseas marriage, including the NRI marriage bill of 2019, and points out the issues and analysis of the Bill

To Register overseas marriage is governed by Non-Resident Indian Marriage Bill, 2019. It was recently authorised by India’s Parliamentary Standing Committee on External Affairs. If passed, the Bill would allow Indian passport officials to seize or cancel the passports or travel papers of Non-Resident Indians (NRIs) who do not register their marriage within 30 days of getting married (whether in the country or abroad). It will affect any NRI who marries an Indian citizen or another NRI. The Bill prohibits late registration after the 30-day deadline has passed. If the wedding conducts outside of India, it can only be registered with a Marriage Officer, who will be chosen from the diplomatic staff in that nation.

Table of Contents

The Bill’s Highlights

The Ministry of External Affairs, the Ministry of Women and Child Development, the Ministry of Home Affairs, and the Ministry of Law and Justice collaborated to write this Bill, increasing accountability and protecting Indian spouses from exploitation by their NRI spouses. According to the panel, NRI marriage registration forms should contain details and verification of each registrant’s passport, foreign visa, location, and occupation.

Compulsory marriage registration aims to improve the protection of the rights of abandoned spouses under various Indian personal laws. Non-resident Indians (NRI/NRIs) and Persons of Indian Origin (PIO/PIOs) are persons of Indian birth, ancestry, or heritage who live outside the Republic of India. According to the proposal, a Non-Resident Indian is an Indian citizen who lives outside of India. It does not stipulate the number of days an adult must spend outside of India before being classified as an NRI. As a result, it’s unclear who would be affected by the Bill.

A marriage certificate is legally considered evidence in India that two people are wedded to each other, allowing them to claim different privileges associated with the wedding. Therefore, it may be challenging to demonstrate the legality of a marriage if it is not registered. All Indian states have established legislation requiring the registration of all marriages inside their borders. However, no central regulation currently requires the registration of NRI marriages that take place outside of India.

The measure intends to address the issues that Indian spouses experience when their NRI husbands abandon them. Unfortunately, there are no adequate provisions in the Indian Penal Code (IPC) to deal with such occurrences. As a result, accusations under section 498-A of the Indian Penal Code and the Dowry Act are frequently brought against NRI spouses. Charges under section 498-A, on the other hand, are frequently ineffective because overseas nations frequently deny abduction petitions for the partner’s deportation.

The Bill proposes amending the Passport Act of 1967 and the Code of Criminal Procedure of 1973 to bring the culprits to punishment. Suppose the proposed change to the Passport Act of 1967 becomes law. In that case, the Indian Ministry of External Affairs will be able to seize, cause to be detained, or cancel an NRI’s passport or traveling document if the wedding is not recorded within 30 days of the day of the wedding.

The proposed modifications to the Code of Criminal Procedure, 1973 would allow judges to issue summonses and warrants via the Ministry of External Affairs’ specially designated webpage. Put another way; if a call cannot be delivered personally, it can be issued by submitting it to the authorized website. Moreover, if the individual summoned fails to appear in court, the judge may issue an arrest order over the website. It also allows for the seizure of a proved offender’s property, both moveable and permanent.

The Parliamentary Committee ‘firmly’ suggested that attempts be increased to enhance cooperation with member nations of the Hague Convention on the service abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters of 1965 so that concerns of NRI marriage disagreements can be discussed during ongoing negotiations and foreign office conversation with overseas nations.

It is recommended that NRIs declare their marriages within 30 days of getting engaged, whether in India or abroad, once the Bill is adopted. Non-registration could lead to the seizure of their passports, which could lead to expulsion. Failure to identify a marriage may also impact problems such as child custody and divorce settlement launched in another nation.

Part A: The Bill’s Spotlights

Background

A marriage certificate confirms that two people are married in India, and it permits them to claim numerous rights associated with their marriage. It may be hard to ascertain the legality of a marriage that has not been registered. Every state has approved legislation making it mandatory to record marriages within the jurisdiction. However, no central regulation requires NRI weddings to be registered if they are solemnized outside of India.

Marriage registration for NRIs should be made compulsory, according to the Standing Committee on Women’s Empowerment (2007) and the Law Commission of India (2009). They noted that failing to registering a marriage can have ramifications for matters such as child custody, divorce settlement launched in a different nation, and situations where a spouse has previously married.

On February 11, 2019, the Recognition of Non-Resident Indian Marriage Bill 2019 was presented in the Rajya Sabha. The matter was forwarded to the Standing Committee on External Affairs, which was expected to report in May 2019.

Characteristics

Marriage registration: An NRI is an Indian citizen living outside the nation. Every NRI who marries an Indian resident or another NRI must register their marriage within 30 days. If the wedding conducts outside of India, it must be recorded with a Marriage Officer, who is chosen from the embassy staff in that nation
Passport impoundment: The Bill alters the Act of 1967 to clarify that if an NRI fails to work their marriage within 30 days, the passport authority can seize or cancel their passport
Issuing summons and orders: The Code of Criminal Procedure of 1973 (CrPC) now establishes a methodology for issuing summonses and court orders. The Bill adds a provision to the CrPC that states that if a court determines that notice could not be delivered on a defendant, it may post the demand on the Ministry of External Affairs’ official website, notwithstanding other requirements in the CrPC. This would be proof that the person has been served with a summons. In addition, if the individual summoned fails to appear in court, a demand for their arrest may be issued and uploaded to the same site. If the person fails to appear in court after this, the court may declare him a declared offer and publish his file
If a person fails to appear after a declaration is posted, the court may send a letter statement stating that the declaration was posted. This declaration will prove that the search was issued and executed. The court may also order the declared offender’s assets to be attached.

Part B: Review And Key Concerns

In the event of a postponement in documenting a marriage, there will be no extended period. Any NRI who marries an Indian resident or another NRI, whether within or outside India, must have their marriage recognized within 30 days, according to the Bill. The NRI’s passport may be confiscated if the marriage is not recognized within 30 days. The Bill, however, does not exempt the NRI if he cannot consummate the marriage within the 30-day timeframe.

It’s worth pointing out that many states have passed legislation requiring marriage registration. While other states, such as Karnataka and Gujarat: https://enagar.gujarat.gov.in/DIGIGOV/ have a 30-day registration deadline, they also allow late registration with the payment of late charges. There may be instances where NRIs seem unable to register their marriage within the 30-day time limit due to genuine reasons. There is no space in the Bill for such people to seek remedy. Note that failing to register marriage within the time restriction results in the passport being impounded, resulting in serious repercussions such as expulsion or loss of job overseas.

The Bill Does Not Limit The Amendments To The Code Of Criminal Procedure.

If the court determines that the summons cannot be served to a person, the Bill adds a provision to the CrPC that provides processes for uploading invitations and orders to a website. The rule does not apply only to NRI registration; it extends to all proceedings under the CrPC. The clause, for instance, would apply to notices and outstanding warrants for forms of crime, fraud, domestic abuse, and traffic infractions. It’s unknown why this clause is included in the current proposal.

The Term ‘Non-Resident Indian’ Isn’t Well Defined.

A Non-Resident Indian is an Indian citizen living outside India, according to the law. However, it doesn’t stipulate the time duration a person must spend outside the Country before being classified as an NRI. As a result, it’s unknown who the Act would affect. It is unclear, for instance, if an Indian citizen who refuses to record his wedding during a two-month journey overseas may face a penalty under the Act. Non-residents are classified as people who have spent more than 183 days outside India per year under the Income Tax Act of 1961, the Foreign Exchange Management Act of 1999, and the Aadhaar Act of 2016.

Conclusion:-

The highlights and the key features must be adequately maintained to conduct overseas marriages. If you have any queries make sure to reach out to Vakilsearch.