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Sunday, April 28, 2024

Propositions for NRI Marriage Act in 2019 for Amendment

Posted in: Family Law
Mon, Jul 15, 19, 14:38, 5 Years ago
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The NRI Marriage Act is proposed to be amended at the beginning of this year. The propositions were tabled while keeping the surging cases of abandoning wives by non-residents of India.

Current Scenario of NRI Marriages:
Recently, a study submitted to Punjab University’s Human Rights and Duties Department claimed that most of the deserted brides, who were married to NRIs, had arranged marriages. The newspaper advertisements and matrimonial websites emerge in the biggest role at the backstage. They, being a matchmaker, support parents find an NRI bridegroom.

The NRI police stations in Punjab have lodged 528 complaints in April, 2019. This is the count of just a state. The overall count from all states will be a lot more. Upon understanding the severity of this situation, the former Ministry of External Affairs minister Sushma Swaraj tabled a bill on the registration of marriage of non-residents of India in Rajya Sabha in February, 2019.

Requirement of Proposition for NRI's Marriage Registration:
This proposition was an outcome of appreciating desertion cases of Indian brides. The abandoned wives are pressed to live with their in-laws after marriage. Within one month, they seem burdensome for them. Consequently, the in-laws throw them out of their house. And, those who accompany their NRI husband get brutally victimized by domestic violence.

Such cases of abandonment are less in the countries, wherein the certificate of no marriage is gotten beforehand. Such kind of preventive measures plays a crucial role in paralyzing the evil practice of polygamy and bigamy.  But, India has no such provision. The marriage registration is optional here. This is why the expats from India are taking advantage of this discrepancy in the Hindu Marriage Act (1955) and the Special Marriage Act (1954). To some extent, their status is giving them a lease of life. They solemnize marriage here sans registering.
They feed their requirements on dowry and fly to abroad. The Indian judiciary system fails to ban them, as it has no mandatory provision of registering marriage.    

Because desertion cases are skyrocketing, the foreign ministry has found it a high time to take a stringent action. As aforementioned, it came with a proposal and amendments in the existing laws to repair the dents in the existing Acts. 

Propositions:
Registration of Marriages By NRIs: This proposal recommends that the marriage registration for NRIs shall be mandatory. If the Indian ties the knot outside India, he/she must register it with a Marriage Officer. This officer will be appointed in the diplomacy office abroad.
Besides, this registration shall take place within 30 days of the wedding. The Bill clearly states that the extension in the time limit of the marriage registration shall not be granted.

Amendment to the Code of Criminal Procedure (CrPC) 1973: The ministry requested for adding a provision to the Code of Criminal Procedure, 1973. The implication stuck around “how to summon and what if the summoned person fails to comply with the judicial authority.”
It subtly proposed if the summon is not served to the responsible person, the judiciary shall have the right to upload it onto a designated website. Since it will be aired over the internet, the person could be able to access it. Thereby, he will not have any excuse to get rid of summons from the court.

Further, if the person fails to appear at the trial, the court shall upload a warrant for arrest on the designated website. It will proclaim that the warrant has been issued and served. Apart from that, the court may issue orders to seize the property of the proclaimed defaulter.
Currently, the CrCP takes care of issuing summons and warrants.

Amendments of Passport Act 1967: This registration should be accomplished within 30 days after the wedding.  If the non-resident fails to comply with the upcoming Marriage Act, his passport shall be impounded. The stringency may be extended to deportation. Simply say, the NRI shall be sent back to the native country in case he/she will not register his/her marriage within 30 days.

The Loops:
However, the proposed amendments are praiseworthy. Yet, there are certain loops where the government has to look into. Let’s consider these points:
# There is a recommendation proclaiming no leverage if the person fails to register within the stipulated time. Now, the point to attend is what if there is a legitimate reason behind it. The Bill does not envisage over this point. What if the person, despite being not guilty, will undergo the court’s trial?

In such case, the penalty shall not be constrained to impounding passport only. It could be extended to deportation, which cost him/her the job in the foreign country.
# Move to the next amendment that iterates about uploading of summons and warrants on the designated website. The CrPC covers the pan machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt/ innocence and the determination of punishment, if found guilty.

This Act is included in addressing issues specific to summons and warrants. But in reality, it addresses other offences, such as theft, domestic violence and traffic violence etc.. Therefore, its inclusion seems confusing.

In the nutshell, the government is taking an initiative while keeping the soaring cases of deserted wives by NRIs. The number of such cases is skyrocketing by leaps and bounds. The amendments and new impositions are the need of the hour to stop such harassment with Indian brides.

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