NRI and Special Marriages Registration in Delhi
NRI marriages are those marriages which mostly take place between an Indian woman staying in India and an Indian man living in another country (who is an NRI – Non-resident Indian) either as an Indian native (when he would legally qualify as an ‘NRI’) or as a citizen of that other country (when he would legally be a PIO – Person of Indian Origin). The major aspect of this topic discusses Indian women who get stuck in deceptive marriages with Indians living abroad. There is also ignorance in relation to things that go wrong in an NRI marriage, the woman’s alternative to fairness is prominently constrained and difficult. The serious risk present in an NRI marriage is of the woman being ‘isolated’ in an alien land where she faces language restrictions, problems in relation to communication, and inadequate information regarding the local Criminal justice, Officers and Legal System.
Bill on Registration of Marriage of an NRI.
This Bill is a result of a combined inventiveness of the Ministry of External Affairs, the Ministry of Women and Child Development, Department of Home Affairs and Department of Law and Justice.
The main purpose of this Bill is to generate more responsibility and provide more security against the abuse of Indian women by their Non-Resident Indian husband. It envisions
(i) Registration of Marriages by NRI
(ii) Amendment of the Passports Act 1967 and lastly,
(iii) Amendment to the Cr.P.C 1973.
The applicant is entitled for Marriage Registration Under and Special Marriage Act , 1954 if
- One party either Groom or Bride must be a citizen of India.
- Marriage has been solemnized within the territorial jurisdiction of NCT of Delhi.
- Marriage has been solemnized between any two persons of different religion.
- The groom should be of 21 years of age and the bride of 18 years. (As on Marriage Date).
- Neither party has at the time of registration more than one spouse living.
- Neither party
- is incapable of giving a valid consent of it in consequence of unsoundness of mind; or
- though capable of giving a valid consent has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or
- has been subject to recurrent attacks of insanity or epilepsy;
- The parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two
- The parties have been living together as husband and wife.
- The parties have been residing within the district in Delhi of the Marriage Officer for a period of not less than thirty days immediately preceding the date on which the application is made to him for registration of the marriage.
