If you, as an NRI, think that registering a marriage is not necessary, give it a second thought. Living abroad is no more leveraging.

Every non-resident of India must register his marriage with the competent authority. It is compulsory because the registration of the marriage of non-resident Indians (NRIs) bill is a law now. This article is going to help you to go through every update in its context.

Let’s begin with the importance of certificates.

How important is a single status and marriage certificates for NRIs?

A certificate issued by a legal government agency is important. If you are a bachelor or a married person, you should have a valid proof of your status to work abroad.

However, both certificates are different. The certificate of single status signifies that its bearer is not yet married. On the flip side, the marriage certificate certifies its holder has solemnized marriage. Simply put, the former person has a spouse and perhaps, children as dependents.

When it comes to working in the foreign, the employer asks for duly attested certificate (CENOMAR for single and marriage certificate for married person). He seeks it to acknowledge himself about his employee’s status. Thereby, he assesses the considerable costs attached, which may include the cost of family visa and travelling allowances. If the recruitment is in a senior position, the employer may finance children’s education also.

It is a matter of deep thinking if an employer from overseas spends so much on an employee, he will ensure that all certificates are in place. This is where the valid certificates are very much a part of this process.

Consequences of unregistered marriage:

The unavailability of valid certificates may emerge as a big roadblock. The would-be NRIs often face delays in joining. Sometimes, worse happens. The whole documentation & attestation services may take one to two months’ time in issuance. If the employer is ready to wait for such a long time, he will be lucky. But most of the times, the employer looks for an alternative.

There is another case. Many residents with Indian passport get married, but they don’t register it. This practice is pervasive because Indian legislation did not mandate marriage registration. From this year, the Registration of Non-Resident Indians bill is passed. It mandates NRIs marriage registration. On finding any non-compliance case, the related NRI will be penalized.

Let’s go through what it is.

The Registration of Marriage of Non-Resident Indians (NRIs) Bill:

It’s a legislation that presses non-resident diaspora to compulsorily register marriage for better enforcement of the rights of the spouses. The bill was tabled in both houses of the Parliament. Subsequently, it got the nod by the President, which made it a part of the administrative machinery including online portals and databases.

It is passed with the view of enforcing and restoring the rights of spouses who have been deserted under various family laws.

Effect of non-compliance:

The complaints of spousal desertion are piling up. The absence of relevant law had constrained judiciary from taking any action against the culprit NRIs. There was no law that could press the culprit to appear at the trial and leave the country of temporary residence.

Now, this bill has enforced these mandates:

• The NRI spouse must appear in the court for trial. He/she must leave the country of residence for it.
• The embassies are notified to impound or revoke the passport of such NRIs offenders and inform the local authorities in the country of residence.

This is how the offender non-resident will be deprived of travelling anywhere. His residency status will also be changed. The only way to fight this odd situation is to register marriage within a month.

There are competent authorities, like Municipal Corporations, Panchayat or Tehsildar to apply with for a marriage certificate. Even, the intended NRIs can post application online for its delivery. By uploading the requisite supporting documents, they can verify their application.

Only attested certificates are valid:

Drill in your head that the certificate will be valid only if it is attested. It is so because the attested certificate is valid proof to utilize in the legal procedures, including applying for a spousal visa, or birth certificate for children who took birth abroad.

So, you should follow this hierarchy of attestation services:

• Notary Public in India
• Home Department of India or Sub-Divisional Magistrate in India
• Ministry of External Affairs in India
• Foreign Embassy in India