THE REGISTRATION OF MARRIAGE OF NON-RESIDENT INDIAN BILL, 2019
Introduction
External Affairs Minister, Smt. Sushma Swaraj introduced a path-breaking Bill on Registration of Marriage of non-Resident of India in Rajya Sabha today. The Bill is an outcome of a joint initiative of the Ministry of External Affairs, Ministry of Women and Child Development, Ministry of Home Affairs and Ministry of Law and Justice. The objective of the Bill is to create more accountability and offer more protection against exploitation of Indian women by their NRI spouses. It envisages (i) Registration of Marriages by Non-Resident Indians; (ii) Amendment of the Passports Act 1967 and (iii) Amendment to the Code of Criminal Procedure 1973.
According to the provisions of the Bill, the compulsory registration of marriage within thirty days of marriage in India or abroad would provide better enforcement of rights of the deserted spouse under various family laws. Similarly, the Amendment to the Passport Act would empower the Passport Authority to impound or revoke the passport of NRI, if it is brought to his notice that the NRI has not registered his marriage within 30 days from the date of marriage. The Amendments to CrPC, 1973 would empower the Courts for issuance of summons, warrants through the specially designated website of the Ministry of External Affairs. It also provides provisions for attachment of properties belonging to the NRI, if he does not appear before the Court and is declared a Proclaimed Offender by the Court.
A
BILL
to provide for registration of marriage of Non-Resident Indian and further to amend the Passports Act, 1967 and the Code of Criminal Procedure, 1973 and for matters connected therewith or incidental thereto.
CHAPTER I PRELIMINARY
1- (1) This Act may be called the Registration of Marriage of Non-Resident Indian Act, 2019.
(2) It shall extend to the whole of India, except the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. For the purposes of this Act, “Non-Resident Indian” means a citizen of India who resides out of India
CHAPTER II REGISTRATION OF MARRIAGE OF NON-RESIDENT INDIAN
3- (1) Every Non-Resident Indian who marries a citizen of India shall get his marriage registered in India under any law for the time being in force (including State Act) within a period of thirty days from the date of his marriage.
(2) Every Non-Resident Indian who marries a citizen of India, or any other Non-Resident Indian, out of India shall get his marriage registered within a period of thirty days from the date of his marriage with the Marriage Officer appointed under section 3 of the Foreign Marriage Act, 1969 within whose jurisdiction the marriage has taken place or solemnized in any manner at the choice of the parties to the marriage.
CHAPTER III AMENDMENT TO THE PASSPORT ACT, 1967
4. In the Passport Act, 1967, in section 10, in sub-section (3), after clause (h), the following clause shall be inserted, namely:—
‘(i) if it is brought to the notice of the passport authority that the holder of the passport or travel document is a Non-Resident Indian who has married a citizen of India or a Non-Resident Indian and not registered within a period of thirty days of his marriage under any law for the time being in force;
Explanation.—For the purposes of this clause, “Non-Resident Indian” means a citizen of India who resides out of India.’.
CHAPTER IV AMENDMENT TO THE CODE OF CRIMINAL PROCEDURE, 1973
5. In the Code of Criminal Procedure, 1973, after section 86, the following section shall be inserted, namely:—
“86A. (1) Notwithstanding anything contained in this Code or any other law for
the time being in force, where a person summoned by a Court under this Code and the
Court is satisfied that the summons issued could not be served, the Court may issue
summons along with the substance of the information by uploading on the specially
designated website of the Ministry of External Affairs of the Government of India and
such uploading of the summons shall be conclusive evidence that the summons has
been served against that person.
(2) Where the person summoned under sub-section (1) fails to appear before
the Court at specified place and time required by the summons, either personally or
through his duly authorised agent, the Court may, after making such enquiry as it
thinks fit, issue a warrant for arrest of such person and upload the warrant along with
the substance of the information a gainst the person to be arrested along with the
details of summons issued under sub-section (1) on the specially designated website
of the Ministry of External Affairs of the Government of India.
(3) Where the person fails to appear before the Court at the time and place
mentioned in the warrant uploaded on the website under sub-section (2), the Court
may, after making such enquiry as it thinks fit, pronounce him a proclaimed offender
and upload a declaration to that effect on the specially designated website of the
Ministry of External Affairs of the Government of India.
(4) After uploading a proclamation under sub-section (3), if the accused fails to
appear before the Court issuing such proclamation, a statement in writing by the Court
issuing the proclamation to the effect that the proclamation was duly uploaded on the
specially designated website of the Ministry of External Affairs of the Government of
India shall be conclusive evidence that the warrant has been issued against accused
person and shall be deemed to have been duly served.
(5) The Court issuing a proclamation under sub-section (3) may, for the reasons
to be recorded in writing, at any time after the issue of the proclamation, order the
attachment of any property, movable or immovable, or both belonging to the proclaimed
offender.
(6) Where the property attached under sub-section (5) consists of the share or
interest of the proclaimed offender in the property jointly belonging to him and other
co-owner or co-sharers, such attachment shall have effect only with regard to such
share or interest of the proclaimed offender
STATEMENT OF OBJECTS AND REASONS
1-There have been several reports of Indian women being trapped in fraudulent
marriages with Non-Resident Indians. This has indeed emphasised the persistent need to build safeguards in order to protect those spouses from such situations. Therefore, it is necessary that the marriage solemnized or otherwise in India or outside India shall be registered within a period of thirty days from the date of marriage. It has been decided to bring in a legislation to provide for compulsory registration of marriage for better enforcement of rights of the deserted spouses under various family laws.
2. Accordingly, the Registration of Marriage of Non-Resident Indian Bill, 2019 proposes to provide for compulsory registration of marriage by a Non-Resident Indian within a period of thirty days from the date of marriage. It also seeks to amend the Passport Act, 1967 and the Code of Criminal Procedure, 1973.
3. The proposed amendment of the Passport Act, 1967 empowers the passport authority to impound or cause to be impounded or revoke a passport or travel document of a Non-Resident Indian, if it is brought to his notice that the Non-Resident Indian has not registered his marriage within a period of thirty days from the date of marriage.
4. The proposed amendments to the Code of Criminal Procedure, 1973 would also empower the Courts for issuance of summons, warrants through the specifically designated website of the Ministry of External Affairs of the Government of India. It further provides for attachment of the properties, both movable and immovable, belonging to a proclaimed offender.
5. The Bill seeks to achieve the above objectives.
SUSHMA SWARAJ.
NEW DELHI;
The 8th February, 2019.
