LIST OF AMENDING ACTS

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Sections (32)

1 · Short title. — This Act may be called the Foreign Marriage Act, 1969 .

2 · Definitions. — In this Act, unless the context otherwise requires,—

3 · Marriage Officers.—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.

4 · Conditions relating to solemnization of foreign marriages.—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:—

5 · Notice of intended marriage.—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.

6 · Marriage Notice Book.—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.

7 · Publication of notice . — Where a notice under section 5 is given to the Marriage Officer, he shall cause it to be published—

8 · Objection to marriage.—(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.

9 · Solemnization of marriage where no objection made.—If no objection is made within the period specified in section 8 to an intended marriage, then, on the expiry of that period, the marriage may be solemnized.

10 · Procedure on receipt of objection . — (1) If an objection is made under section 8 to an intended marriage, the Marriage Officer shall not solemnize the marriage until he has inquired into the matter of the objection in such manner as he thinks fit and is satisfied that it ought not to prevent the solemnization of the Marriage or the objection is withdrawn by the person making it.

11 · Marriage not to be in contravention of local laws.—(1) The Marriage Officer may, for reasons to be recorded in writing , refuse to solemnize a marriage under this Act if the intended marriage is prohibited by any law in force in the foreign country where it is to be solemnized.

12 · Declaration by parties and witnesses.—Before the marriage is solemnized, the parties and three witnesses shall, in the presence of the Marriage Officer, sign a declaration in the form specified in the Second Schedule, and the declaration shall be countersigned by the Marriage Officer.

13 · Place and form of solemnization. — (1) A marriage by or before a Marriage Officer under this Act shall be solemnized at the official house of the Marriage Officer with open doors between the prescribed hours in the presence of at least three witnesses.

14 · Certificate of marriage . — (1) Whenever a marriage is solemnized under this Act, the Marriage Officer shall enter a certificate thereof in the form specified in the Third Schedule in a book to be kept by him for that purpose and to be called the Marriage Certificate Book, and such certificate shall be signed by the parties to the marriage and the three witnesses.

15 · Validity of foreign marriages in India . — Subject to the other provisions contained in this Act, a marriage solemnized in the manner provided in this Act shall be good and valid in law.

16 · New notice when marriage not solemnized within six months . —W —Whenever a marriage is not solemnized within six months from the date on which notice thereof has been given to the Marriage Officer as required under section 5 or where the record of a case has been transmitted to the Central Government under section 10, or where an appeal has been preferred to the Central Government under section 11, within three months from the date of decision of the Central Government in such case or appeal, as the case may be, the notice and all other proceedings arising therefrom shall be deemed to have lapsed, and no Marriage Officer shall solemnize the marriage until new notice has been given in the manner laid down in this Act.

17 · Registration of foreign marriages . — (1) Where—

18 · Matrimonial reliefs to be under Special Marriage Act, 1954.—(1) Subject to the other provisions contained in this section, the provisions of Chapters IV, V, VI and VII of the Special Marriage Act, 1954 (43 of 1954) shall apply in relation to marriages solemnized under this Act and to any other marriage solemnized in a foreign country between parties of whom one at least is a citizen of India as they apply in relation to marriages solemnized under that Act.

19 · Punishment for bigamy . — (1) Any person whose marriage is solemnized or deemed to have been solemnized under this Act and who, during the subsistence of his marriage, contracts any other marriage in India shall be subject to the penalties provided in section 494 and section 495 of the Indian Penal Code (45 of 1860) and the marriage so contracted shall be void.

20 · Punishment for contravention of certain other conditions for marriage . —A —Any citizen of India who procures a marriage of himself or herself be solemnized under this Act in contravention of the condition specified in clause (c) or clause (d) of section 4 shall be punishable—

21 · Punishment for false declaration. — If any citizen of India for the purpose of procuring a marriage, intentionally—

22 · Punishment for wrongful action of Marriage Officer . —A —Any Marriage Officer who knowingly and wilfully solemnizes a marriage under this Act in contravention of any of the provisions of this Act shall be punishable with simple imprisonment which may extend to one year, or with fine which may extend to five hundred rupees, or with both.

23 · Recognition of marriages solemnized under law of other countries.—If the Central Government is satisfied that the law in force in any foreign country for the solemnization of marriages contains provisions similar to those contained in this Act, it may, by notification in the Official Gazette, declare that marriages solemnized under the law in force in such foreign country shall be recognized by courts in India as valid.

24 · Certification of documents of marriages solemnized in accordance with local law in a foreign country.—(1) Where—

25 · Certified copy of entries to be evidence . — Every certified copy purporting to be signed by the Marriage Officer of an entry of a marriage in the Marriage Certificate Book shall be received in evidence without production or proof of the original.

26 · Correction of errors . — (1) Any Marriage Officer who discovers any error in the form or substance of any entry in the Marriage Certificate Book may, within one month next after the discovery of such error, in the presence of the persons married , or, in case of their death or absence, in the presence of two other witnesses, correct the error by entry in the margin without any alteration of the original entry and add thereto the date of such correction.

27 · Act not to affect validity of marriages outside it . —N —Nothing in this Act shall in any way affect the validity of a marriage solemnized in a foreign country otherwise than under this Act.

28 · Power to make rules . — (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

1 · Subs. by Act 20 of 1983, s. 2 and Sch., for certain words (w.e.f. 15-3-1984).

29 · Amendment of Act 43 of 1954 . — In the Special Marriage Act, 1954,—

30 · Repeal.—The Indian Foreign Marriage Act, 1903 (14 of 1903) , is hereby repealed.

2 · The Bill is modelled on the Special Marriage Act, 1954, and the existing English and Australian Legislation on the subject of foreign marriages, subject to certain important modifications rendered necessary by the peculiar conditions obtaining in our country.

Subordinates (2)

THE FOREIGN MARRIAGE RULES, 19701

Type: 6d915a45e80ccc63ef56520c6d6b728ef00b05d6 · UID: 01c0b71f31f2e2100d82a41d929a9945a63799f5 · PDF: yes · Text: yes · Rule index: yes

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THE FOREIGN MARRIAGE RULES, 19701 In exercise Of the powers conferred by section 28 0f the Foreign Marriage Act, 1969 (33 of 1969) and in su

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