Are you going to marry before you settle abroad?

You should be aware of the latest happenings in the Rajya Sabha. A bill viz. the Registration of Marriage of Non-Resident Indian Act 2019 is passed.

What is this bill?

Why is it introduced?

How is it going to impact non-residents of India?

This article carries answer of all these questions. Let’s begin with the tabling of the bill.      

Bill Tabled in Rajya Sabha:

Like other legislations, the Registration of Marriage of Non-Resident Indian Act 2019 was tabled in the Rajya Sabha. The External Affairs Minister of India Sushma Swaraj announced about its issuance in the upper legislative house. Later, the press was updated on 11^th February, 2019.

Why is the Registration of Marriage of Non-Resident Indian Act 2019 required?

The count of complaints over the mistreatment, molestation and harassment was soaring. It pressed the external affairs minister to come with a robust Act that can protect the victims from the tyranny or abusing of the spouse in foreign. 

What does this Act protect imply?

This act provides with the right of raising voice against exploitation in matrimony. When a spouse lodges the complaint about the harassment of the spouse, the India government can utilize its special right. It can confiscate or impound the passport of the abuser. It means that the competent authority will take away the passport.

Doing so will prohibit them from travelling abroad.  The culprit will not be able to go abroad. Thereby, the victim spouse will be able to regain all rights that are common under the marriage and family laws. If you think that wives are the only victims, it’s untrue. There are some husbands also whose wives abandon them once they attain the status of being a non-resident or OCIs. In this case also, the Act will be executed as per judiciary. The victim of the marital abuse will get all rights.

NRI Marriage Registration Time/ Period:

The registration of marriage is mandatory now. Unlike permanent citizens, the non-resident diaspora will have to register their marriage within 30 days from. However, they will be free to register it with the indigenous court or the foreign authority abroad.

This mandate will provide with an unprecedented relief to the Indian women being trapped in fraudulent marriages with NRIs.

What are the consequences if the NRIs marriage remains unregistered?

The registration of NRI marriages in India was not essential before February 2019. But now, they have to do so to avoid these consequences:

• The court can summon or issue a warrant through an official website of the Ministry of External Affairs.
• The court can confiscate the property of the NRIs over the unregistered marriage.
• The court can declare him/her a proclaimed offender if he/she doesn’t appear in the court.

Amendments in other related Acts:

The Act for NRIs marriage registration safeguards the rights of the deserted spouses under the family law. Besides, there are two more laws that will need amendment. The first is the Passport Act, 1967 because it doesn’t have any mention of impounding the passport in case of unregistered marriage of NRIs.

The Code of Criminal Procedure, 1973 is the second Act that will enhance the power of the judiciary system. The court order can be routed as summons or warrants through the specifically designated website of the Ministry of External Affairs, India. Moreover, the court can take action in the context of the proclaimed offender’s property, including movable and immovable.  

How to marry NRI safely?

The parliament was informed that the MEA has received 3,328 complaints from the deserted wives of NRIs between January 2015 and November 2017. The list of complaints is going to be longer.  Therefore, presenting the bill in the upper house of the parliament became a need of the hour. 

Apart from legislation, the parents and would-be spouse should know about the single status of the non-resident. The friends and relatives in the foreign can prove a fundamental help. They can probe about the would-be spouse in there first. If required, the embassy can unfold the marital or bachelorhood status. But, you will need permission from the competent authority.

You should know that the Indian Union legislation mandates marriage registration in these states-Andhra Pradesh, Delhi, Goa, Gujarat, Andhra Pradesh and Delhi.

Also, many employers of the foreign company require a certificate of single status. It is known as the bachelorhood certificate in India. The parents of the spouse can check his status with the company also. You can also contact his friends and relatives abroad through the NGOs where the NRI fiancé is resident. Besides, you can solemnize marriage while following these instructions issued by MEA:

• Make sure that you have a list of contact details of neighbors, friends, relatives, your husband’s employer in the foreign country, police, ambulance, and the Indian Embassy or High Commission in the country where you are going to live with your husband.
• Make sure that you have photocopies of all important documents including your passport, visa, bank and property documents, marriage certificate, wedding photos and other essential papers and phone numbers with parents or other trustworthy people in India or abroad.
• If your documents are lost/forcibly taken away /destroyed by your spouse or in-laws, the copies will be helpful. You can keep a scanned soft copy of these documents with you or/and any trustworthy person.
• Open a bank account in the country of residence (foreign). You can withdraw money in an emergency and be financially independent thereafter.
• Understand the laws of the foreign country and your rights there, especially against any form of abuse or neglect, including ill treatment, domestic violence, how to get a residence permit, etc.
• Frequently stay in touch after marriage on phone and e-mail with friends and relatives in the foreign country.
• Try to learn the language of the country you reside in after marriage.