FOREIGN MARRIAGE ACT, 1969
7.
8. Objection
9.
10. Procedure
11.
12.
13.
CHAPTER III
REGISTRATION OF FOREIGN MARRIAGES SOLEMNIZED UNDER OTHER LAWS
17. Registration of foreign marriages 10
CHAPTER IV
MATRIMONIAL RELIEF IN RESPECT OF FOREIGN MARRIAGES
18. Matrimonial reliefs to be under Special Marriage Act, 1954 11
CHAPTER V
PENALTIES
19. Punishment for bigamy 15
20. Punishment for contravention of certain other conditions for marriage 15
21. Punishment for false declaration 16
22. Punishment for wrongful action of Marriage Officer 17
CHAPTER VI
MISCELLANEOUS
23. Recognition of marriages solemnized under law of other countries 17
24. Certification of documents of marriages solemnized in accordance with local law in a foreign country 18
25. Certified copy of entries to be evidence 19
26. Correction of errors 20
27. Act not to affect validity of marriages outside it 20
28. Power to make rules 21
29. Amendment of Act 43 of 1954 22
30. Repeal 22
FIRST SCHEDULE: Form of notice of intended marriage 22
SECOND SCHEDULE: Declaration to be made by the bridegroom 23
THIRD SCHEDULE: Form of certificate of marriage 24
SUBJECT INDEX 25
FOREIGN MARRIAGE RULES, 1970
1. Short title 27
2. Definitions 27
3. Particulars regarding name, etc, of Marriage Officer to be displayed in his office building 27
4. Notice of intended marriage 27
5. Payment of fee 28
6. Procedure after notice 28
7. Publication of notice 28
8. Procedure for inquiry into objection 28
8A. Acknowledgement in case of personal service 29
9. Time and place of solemnisation
10. Manner of registration of marriages
11. Appeals to the Central Government
12. Language for purposes of section 24
13. Transmission of copies of entries in marriage records
14. Form of Marriage Certificate Book
15. Scale of fees
Foreign Marriage Act, 1969
[33 OF 1969]1
An Act to make provision relating to marriages of citizens of India outside India. BE it enacted by Parliament in the Twentieth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
Short title.
1. This Act may be called the Foreign Marriage Act, 1969.
COMMENTS
SECTION NOTES
1.1 Legislative Naming Authority
This provision officially designates the Act as “The Foreign Marriage Act, 1969.”
Definitions.
2. In this Act, unless the context otherwise requires,—
(a)“degrees of prohibited relationship” shall have the same meaning as in the Special Marriage Act, 1954 (43 of 1954);
(b)“district”, in relation to a Marriage Officer, means the area within which the duties of his office are to be discharged;
(c) “foreign country” means a country or place outside India, and includes a ship which is for the time being in the territorial waters of such a country or place;
(d)“Marriage Officer” means a person appointed under section 3 to be a Marriage Officer;
(e)“official house”, in relation to a Marriage Officer, means—
(i)the official house of residence of the officer;
(ii)the office in which the business of the officer is transacted;
(iii)a prescribed place; and
(f)“prescribed” means prescribed by rules made under this Act.
1.Dated 13-8-1969.
SECTION NOTES
2.1 District [Section 2(b)]
FOREIGN MARRIAGE ACT, 1969 2
COMMENTS
The district of a Marriage Officer is the geographical area assigned for the performance of their duties.
2.2 Foreign Country [Section 2(c)]
Encompasses all countries or locations outside India, extending to ships in the territorial waters of such countries.
2.3 Official House [Section 2(e)]
Broadly defines the locations associated with a Marriage Officer, including their residence, office, and any other prescribed place.
Marriage Officers.
3. For the purposes of this Act, the Central Government may, by notification in the Official Gazette, appoint such of its diplomatic or consular officers as it may think fit to be Marriage Officers for any foreign country.
Explanation.—In this section, “diplomatic officer” means an ambassador, envoy, minister, high commissioner, commissioner, charge d’ affairs or other diplomatic representative or a counsellor or secretary of an embassy, legation or high commission.
CASE LAWS
COMMENTS
Appointment of Marriage Officer Abroad - Refusal to Solemnize Marriage Due to Lack of Officer - The Himachal Pradesh High Court dealt with a case where the Special Marriage Officer refused to solemnize the marriage of a German national and a Tibetan resident of India, citing the absence of a Marriage Officer in Germany as required under Section 6(3) of the Special Marriage Act, 1954. The Court held that the refusal without inquiry was improper, as the Central Government might have appointed diplomatic or consular officers as Marriage Officers under section 3 of the Foreign Marriage Act. The case was remanded with directions to refer the matter to the Central Government for confirmation or appointment of a Marriage Officer in Germany. — Marian Eva v. State of H.P AIR 1993 Himachal Pradesh 7.
CHAPTER II
SOLEMNIZATION OF FOREIGN MARRIAGES
Conditions relating to solemnization of foreign marriages.
4. A marriage between parties one of whom at least is a citizen of India may be solemnized under this Act by or before a Marriage Officer in a foreign country, if, at the time of the marriage, the following conditions are fulfilled, namely:—
(a) neither party has a spouse living, (b) neither party is an idiot or a lunatic, S. 4
3
FOREIGN MARRIAGE ACT, 1969 S. 5
(c) the bridegroom has completed the age of twenty-one years and the bride the age of eighteen years at the time of the marriage, and (d) the parties are not within the degrees of prohibited relationship: Provided that where the personal law or a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees of prohibited relationship.
COMMENTS
SECTION NOTES
4.1 Applicability to Indian Citizens Abroad
At least one party to the marriage must be a citizen of India.
4.2 Mandatory Conditions for Validity
Monogamy [Clause (a)]: Both parties must not have a living spouse at the time of marriage.
Mental Capacity [Clause (b)]: Neither party should be of unsound mind (idiot or lunatic).
Minimum Age [Clause (c)]: The bridegroom must be at least 21 years old and the bride at least 18 years old.
Prohibited Relationships [Clause (d)]: The parties must not be within prohibited degrees of relationship, safeguarding against marriages barred by cultural and legal norms.
4.3 Exception to Prohibited Relationships
If the personal law or custom applicable to either party allows marriage within prohibited degrees of relationship, such marriage is permitted.
4.4 Compliance by the Marriage Officer
It is the Marriage Officer’s duty to ensure that all the stipulated conditions are met before solemnizing the marriage.
Notice of intended marriage.
5. When a marriage is intended to be solemnized under this Act, the parties to the marriage shall give notice thereof in writing in the form specified in the First Schedule to the Marriage Officer of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given, and the notice shall state that the party has so resided.
COMMENTS
SECTION NOTES
5.1 Requirement for Written Notice
Parties intending to marry under the Act must provide a written notice to the Marriage Officer, specifying their intent to solemnize the marriage.
S. 8 FOREIGN MARRIAGE ACT, 1969 4
The notice must follow the format specified in the First Schedule of the Act.
5.2 Jurisdictional Relevance
The notice must be submitted to the Marriage Officer of the district where at least one party has resided for at least 30 days immediately preceding the notice.
Marriage Notice Book.
6. The Marriage Officer shall keep all notices given under section 5 with the records of his office and shall also forthwith enter a true copy of every such notice in a book prescribed for that purpose, to be called the “Marriage Notice Book”, and such book shall be open, for inspection at all reasonable times, without fee, by any person desirous of inspecting the same.
Publication of notice.
7. Where a notice under section 5 is given to the Marriage Officer, he shall cause it to be published—
(a) in his own office, by affixing a copy thereof to a conspicuous place, and (b) in India and in the country or countries in which the parties are ordinarily resident, in the prescribed manner.
Objection to marriage.
8. (1) Any person may, before the expiration of thirty days from the date of publication of the notice under section 7, object to the marriage on the ground that it would contravene one or more of the conditions specified in section 4.
Explanation.—Where the publication of the notice by affixation under clause (a) of section 7 and in the prescribed manner under clause (b) of that section is on different dates, the period of thirty days shall, for the purposes of this sub-section, be computed from the later date.
(2) Every such objection shall be in writing signed by the person making it or by any person duly authorised to sign on his behalf, and shall state the ground of objection; and the Marriage Officer shall record the nature of the objection in his Marriage Notice Book.
COMMENTS
SECTION NOTES
8.1 Right to Object [Section 8(1)]
Any person may object to the marriage if it violates the conditions specified in section 4.
8.1-1 Timeframe for Objection
Objections must be raised within 30 days from the publication of the marriage notice under section 7.
8.1-2 Explanation of Time Computation:
When notices under section 7(a) (office publication) and section 7(b) (prescribed external publication) are published on different dates, the 30 day period begins from the later date.
