Compulsory registration of Indian girls with NRI grooms
-
Law
Commission recommends
New Delhi, July 23, 2009
Rajya Sabha
Sampuran Singh
The recommendation of Law Commission to tackle
the problem of abuse of Indian brides by NRI husbands are under
examination of the Ministry of Law & Justice. Main recommendations
with regard to marriage of Indian brides with NRI husbands are
given in Annexure-I.
The number of such complaints received in the Ministry is given
in Annexure-II. Action on guilty persons can be taken only based
on court orders in each case.
This information was given by the Minister of Overseas Indian
Affairs, Shri Vayalar Ravi in a written reply in the Rajya Sabha
today.
Annexure-I
Main recommendations with regard to marriage of Indian
brides with NRI husbands:
A. Registration of marriages must be made compulsory;
B. Dissolution of marriage on the ground of
irretrievable breakdown of marriage be introduced in the Hindu
Marriage Act, 1955 and the Special Marriage Act, 1954;
C. Where one of the spouses is an NRl, parallel
additions must be made in the Hindu Marriage Act, 1955 and the
Special Marriage Act, 1954 to provide for provisions for maintenance
and alimony of spouses, child custody and child support and as
also settlement of matrimonial property;
D. In the matter of succession, transfer of
property, repartition of NRI funds etc., the respective State
governments must simplify and streamline procedures;
E. the Commission has already recommended in
its 218th Report as to the need to accede to the Hague Convention
on the civil aspects of International Child Abduction;
F. Inter-country Child Adoption Procedures must
be simplified and a single uniform legislation must be provided
for in the matter of adoption of Indian children by NRIs. India
has also ratified the Convention of 29 May 1993 on Protection
of Children and Cooperation in Respect of Inter-country Adoption.
Thus a simplified law should be enacted on the subject in the
light of this Convention.
Annexure-II
Total number of Complaints received in MOIA State wise
up to June, 2009