NRI marriages, as generally understood, are between an Indian woman from India and an Indian man residing in another country (thus NRI – non-resident Indian), either as Indian citizen (when he would be considered a PIO - person of Indian origin) or as a citizen of that other nation (when he would be considered a "NRI").
In order to address this newly emerging issue in NRI marriages, the government formed an expert committee, which turned in its report in November 2017 supported by the varied suggestions of the committee, Integrated Nodal Agency (INA) was founded, headed by the Ministry of girls and Child Development with senior officials Its members include the departments of External Affairs, Home Affairs, Law and Justice, Ladies, and Child Development. The Ministry of External Affairs presented a bill on mandatory Registration of NRI marriages which is pending in Rajya Sabha. It’s been mentioned. Additionally, it plans to alter the 1973 Code of Criminal Procedure as well as the 1967 Passport Act.
The Registration of Marriage of Non-Resident Indian Bill, 2019 was tabled in the Rajya Sabha on February 11, 2019. It was given to the Standing Committee on External Affairs to investigate, and their report was due in May 2019.
The key features of the bill are: Every NRI who marries a citizen of India or another NRI must get his marriage registered within 30 days. The marriage must be registered with a Marriage Officer, who will be chosen from among the diplomatic officers in a foreign nation if it takes place outside of India. The Bill changes the Passports Act, 1967 to provide that the passport authority may seize or cancel an NRI's passport if the marriage is not registered within 30 days.
Court marriages in India can be done under Hindu Marriage Act and Special Marriage Act. The registrar may ask the Embassy for a "no objection letter" if one of the parties is a citizen of another nation, such as the United States, the United Kingdom, or another or before a marriage certificate is provided, the consulate of that nation may additionally demand confirmation that any prior marriages have been legally ended.
Procedure of court marriage under Special Marriage Act:
It is typically necessary to register a notice of planned marriage with a Marriage Registrar of your choosing in India in order for an Indian and a foreign national to get married there. This notice shall be published for the requisite period of thirty days.
The Marriage Registrar is free to perform the marriage when 30 days have passed. If one partner lives abroad, the partner who lives in India must complete the "Marriage Notice" form that he or she obtained from the marriage registration office of their choosing in India and mail it to the other partner who lives abroad. Then, this "Notice" ought to be sent. This Certificate is required as proof of the marriage and when applying for a visa for a foreign country.
Case: The petition was filed in 2021 by an interfaith couple from Vadodara through the NGO, who had to escape to New Delhi owing to opposition to their marriage. In this case, the Supreme Court’s directive for setting up safe houses in every district as well as a special cell in states for couples facing opposition from families and community have been complied with or not.
For registration of marriage, every state has its own rules. For example, Court marriages in Patna or Court Marriage In Pune or Court Marriage In Vadodara will have their own procedure for registration of court marriage. Every district has their office for court marriage.
After Court Marriage with NRI, the couple can seek police protection by sending an intimation letter to the parents, to an area police station in which the female has residence and to the S.P of the district where female resides.
Apart from that, a couple can visit the office of S.P and submit a letter on behalf of the wife mentioning the details of marriage and claiming police protection. If no police protection is still granted, the couple can approach the High Court for police protection as did in the Vadodara Court Marriage In Patna case. If the High Court also does not grant relief, then the couple can approach the Supreme Court.
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