marriages between NRIs in India is governed by the Non-resident Indian Bill, 2019. It contains a particular provision for NRI weddings. Let's take a closer look at it.
In general, marriages in India can be registered under the special marriage act of 1954 for those who don’t believe in religious restrictions. However, those who believe in the same can register their marriage according to the Indian constitution. But what about NRI marriages? Does India have specific NRI marriage registration acts and procedures? Yes, a specific provision for NRI marriages is based on the Non-resident Indian Bill, 2019. Let us learn about it in detail.
What are the conditions for a marriage to be called an NRI marriage
For the NRI marriage registration, certain conditions become the most common factor for a marriage to be called an NRI marriage. Only by bypassing all the requirements or conditions can a marriage be registered under the Non-Resident Indian Bill, 2019. The following are the conditions:
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At least one person in the couple should be a citizen of India.
One of the most important conditions for NRI marriage registration is that one of the couples must be an Indian. For a marriage to be considered an NRI marriage, either the man or the woman should be an Indian. Further, it is the foundation of the foreign marriage act in India. Also, if both partners are NRI, their marriage can be considered NRI marriage.
There should not be a living spouse for either of the partners.
Another important aspect to consider your marriage valid and NRI is that neither of the parties should have a living spouse. Otherwise, the marriage will be nulled and void if it is found. Monogamy is prohibited for all marriages under the special marriages Act, including the NRI marriage.
Mental condition
For a marriage to be legal and valid, both the parties should be of sound mind, and further, they should be mentally prepared to get into the institution of marriage, including the NRI marriage. If either of the parties is subjected to forceful marriage, then marriage will become null and void.
Age of the couple
The next important factor is the age of the parties who are getting married. At the marriage ceremony, the bride should be 18 years old or more, and the groom should be 21 years old or older. If found guilty, the parties will be imprisoned for 15 days and have to pay ₹1000.
The couple should not be prohibited from degrees of relationship
The most crucial factor to consider is that the marriage should not be solemnised under the prohibited degrees of relationship. For instance, either of the parties should be the descendant of others. Otherwise, the marriage will be considered null and void except in the case of traditional customs.
How is it getting registered in India?
The registration of marriages in India is either based on the special marriage act of 1954 or under India’s different religious marriage acts. Likewise, the NRI online marriage certificate registration is done based on the NRI bill 2019. However, for registration process for the marriage of NRIs is more complicated, and both the parties might have to undergo so many lengthy procedures to get their marriage registered finally.
For the same, verification of necessary documents is essential. The NRI partner has to prove their status as represented. Define the marital status, for example, whether they are single, married, divorced, etc., by providing essential particulars. Next are the partner’s employment details, including qualifications, post, salary, office address, employer details, etc.
The most important thing is the immigration status, visa type, and eligibility to take the spouse to other countries should be verified by submitting the required documents. The financial position of the NRI partner should also be verified to ensure that they have sufficient earnings abroad to meet the essential expenses. Verify the property details of the NRI partner to ensure there are no discrepancies. Furthermore, the family background of the partner should be cross-checked. Most of all, make sure there is no criminal record of the NRI spouse.
Finally and most importantly, be aware of your rights. Especially, women of India have the right to claim and enjoy certain rights and privileges. Irrespective of the type of marriage, be it the same caste marriage, inter-cast marriage, or NRI marriage, both the partners have equal rights to live a healthy and happy life. Further, it is essential to know these rights and act upon them if necessary.
Details of the 2019 Bill
The registration of the Non-Resident Indian Bill, 2019, is one of the essential bills passed by the parliament of India. As per the bill, the NRI marriage registration should be done within 30 days of marriage in India or abroad. The NRI bill 2019 was introduced due to rising cases of Indian women abandoned by NRI husbands in February 2019. Let us learn about the Key highlights of the NRI 2019 bill.
- As per the bill, the NRI marriage should be registered within 30 days of the marriage. If they fail to do the same, the passport authority will seize the passport of the NRI individual
- Further, the 2019 bill also adds a criminal procedure code 1973 that states that in case of NRI marriage registration is not registered within the 30 days, the individual might be summoned for legal proceedings. Moreover, if they don’t appear in court, an arrest warrant will be issued
- The NRI marriage registration should be done within 30 days. Further, if the marriage takes place outside India, they should register their marriage with the help of diplomatic officers in a foreign country
- As per the bill, an NRI is someone, namely an Indian citizen, who lives outside the country. However, there is no specified number of days that one must fulfil to be considered an NRI. An Indian citizen who fails to register their marriage for two months abroad would face penalties under the 2019 bill.
Conclusion:-
Overall, the registration of marriage of non-resident Indian bill, 2019 is essential for the citizen of India and the NRI individual. Bill 2019 helps in understanding the legal side of marriage registration. Both citizens of India and the NRI individuals benefit from the NRI bill. An Indian citizen can claim their rights as a spouse in case of the sudden demise of their partner or case of abandonment and abuse. The NRI individual can be free from legal issues they can face in case of not registering the marriage legally. If you have any queries please reach out to Vakilsearch now.
