FOREIGN MARRIAGE ACT 1969
EmailTHE FOREIGN MARRIAGE ACT, 1969
ACT No. 33 OF 1969
31stAugust, 1969
An Act to make provision relating to marriages of citizens of India outside India
BE it enacted by Parliament In the TwentiethYear of the Republicof India as follows: –
CHAPTER I
PRELIMINARY
1.Short title: This Act may be called ForeignMarriage Act, 1969.
2.Definitions: In this Act, unless the context otherwise requires,–
(a) "degrees of prohibitedrelationship" shall have same meaning as in the Special Marriage Act, 1954(43 of 1954);
(b) "district", inrelation to a Marriage Officer, means the area within which the duties of hisoffice are to be discharged;
(c) "foreign country"means a country or place outside India, and includes a shop which isfor the time belong in the territorial waters of such a country or place ;
(d) "MarriageOfficer" means a person appointed under section 3 to be a MarriageOfficer;
(e) "Official house", in relation to a Marriage Officer, means –
(i) the official house ofresidence of the officer ;
(ii) the office in which thebusiness of the officer is transacted ;
(iii) a prescribed place ; and
(f) "prescribed"means prescribed by rules made under this Act.
3.Marriages Officers: For the purposes of this Act,the Central Government may, by notification in the Official Gazette, appointsuch of its diplomatic or consular officers as it may think fit to the MarriageOfficers for any Foreign country.
Explanation: In thissection "diplomatic Officer" mean and ambassador, envoy, minister,high commissioner, commissioner charged’ affairs or other diplomaticrepresentative or a counsellor or secretary of an embassy, legation or highcommission.
CHAPTER II
SOLEMNIZATION OF FOREIGN MARRIAGES
4.Conditions relating tosolemnization of foreign countries: A marriage between the parties one of whom at leastis a citizen of India may be solemnized under this Act by or before a MarriageOfficer in a Foreign country, if, at the time of the marriage, the followingconditions are fulfilled, namely: –
(a) neither party has a spouseliving,
(b) neither party is an idiotor a lunatic,
(c) the bridegroom hascompleted the age of twenty–one years and be bride the age of eighteenyears at the time of the marriage, and
(d) the parties are not withinthe degree of prohibited of relationship :
Provided that where thepersonal law or a custom governing at least one of the parties permits of amarriage between them, such marriage may be solemnized, notwithstanding thatthey are within the degrees of prohibited relationship.
5.Notice of intended marriage: When a marriage is intended tobe solemnized under this Act, the parties to the marriage shall give noticethereof in writing in the form specified in the First Schedule to the MarriageOfficer of the district in which at lease one of the parties to the marriagehas resided for a period of not less then thirty days immediately proceedingthe date on which such notice is given, and the notice shall state that theparty has so resided.,
6.Marriage Notice Books: The Marriage Officer shallKeep all notices given under section 5 with the records of his office and shallalso forthwith enter a true copy of every such notice in a book prescribed forthat purpose, to be called the "Marriage Notice Book", and such bookshall be open for inspection at all reasonable times, without fee, by anyperson desirous of inspecting the same.
7.Publication of notice: Where a notice under section 5is given to the Marriage Officer, he shall cause it to be published –
(a) in his own office, byaffixing a copy thereof to a conspicuous place, and
(b) in India and inthe country or countries in which the parties are ordinarily resident, in theprescribed manner.
8.Objection to marriage: (1) Any person may, before theexpiration of thirty days from the date of publication of the notice undersection 7, object to the marriage on the ground that it would contravene one ormore of the conditions specified in section 4.
Explanation: Where thepublication of notice by affixation under clause (a) of section 7 and in theprescribed manner under clause (b) of that section is on different dates, theperiod of thirty days, shall, for the purposes of this sub–section, becomputed from the later date.
(2) Every such objection shallbe in writing signed by the person making it or by any person duly authorisedto sign on his behalf, and shall state the ground of objection ; and theMarriage Officer shall record the nature of the objection in his MarriageNotice Book.
9.Solemnization of marriagewhere no objection made: If no objection is made within the period specified section 8 toan intended marriage, then, on the expiry of that period, the marriage may besolemnized.
10.Procedure on receipt ofobjection: (1) if an objection is madeunder section 8 to an intended marriage, the Marriage Officer shall notsolemnize until he has inquired into the matter of the objection in such manneras he thinks fit and is satisfied that it ought not to prevent thesolemnization of the marriage or the objection is withdrawn by the personmaking it.
(2) Where a Marriage Officerafter making any such inquiry entertains a doubt in respect of any objection,he shall transmit the record with the such statement respecting the matter ashe thinks fit to the Central Government; and the Central Government, aftermaking such further inquiry into the matter and the after obtaining such adviceas it thinks fit, shall give its decisions thereon in writing to the MarriageOfficer, who shall act in conformity with the decision of the CentralGovernment.
11.Marriage not to be incontravention of local laws: (1) The Marriage Officer may, for reasons to be recorded inwriting, refuse to solemnize a marriage under this Act if the intended marriageis prohibited by any law in force in the foreign country where it is to besolemnized.
(2) The Marriage Officer may,for reasons to be recorded in writing, refuse to solemnize a marriage underthis Act on the ground that in his opinion, the solemnization of the marriagewould be inconsistent with international law or the country of nations.
(3) Where a Marriage Officersrefuses to solemnize a marriage under this section, any party to the intendedmarriage may appeal to the Central a Government in the prescribed manner withina period of thirty days from the date of such refusal ; and the MarriageOfficer shall act in conformity with the decision of the Central Government onsuch appeal.
12.Declaration by parties andwitnesses: Before the marriage issolemnized, the parties and three witnesses shall, in the presence of theMarriage Officer, sign a declaration in the form specified in the SecondSchedule, and the declaration shall be countersigned by the Marriage Officer.
13.Place and form ofsolemnization: (1) Amarriage by or before a Marriage Officer undertakings shall be solemnized atthe official house of the Marriage Officers and open doors between theprescribed hours in the presence of three witnesses.
(2) The marriage may besolemnized in any form which parities may choose to adopt ;
Provided that it shall not tobe complete and binding on the parties unless each party declares to the otherin the presence of the Marriage Officer and, the three witnesses and in anylanguage understood by the parties, –
"I, (A), take the (B) , tobe my lawful wife (or husband)":
Provided further that where thedeclaration referred to in the proceeding proviso is made in any language whichis not understand by the Marriage Officer or by any of the witnesses, either ofthe parities shall interest or cause to be interpreted the declaration in alanguage which the Marriage Officer or, as the case may be, such witnessunderstands.
14.Certificate of marriage: (1) Whenever a marriage issolemnized under this Act, the Marriage Officer shall enter a certificate thereofin the form specified in the Third Schedule in a book to be kept by him forthat purpose and to be called the Marriage Certificate Book, and suchcertificate shall be signed by the parties to the Marriages and the threewitnesses.
(2) On a certificate beingentered in the Marriage Certificate Book by the Marriage Officer, thecertificate shall be deemed to the conclusive evidence of the fact that amarriage under this Act has been solemnized, and that all formalitiesrespecting the residence of the party concurred previous to the marriage andthe signature of witnesses have been complied with.
15.Validity of foreignmarriages of India: Subject to the otherprovisions contained in this Act, a marriage solemnized in the manner providedin this Act shall be good and valid in law.
16.New notice when marriage notsolemnized within six months: Whenever a marriage is not solemnized within six months from thedate on which notice thereof has been given to the Marriage Officer as requiredunder section 5 or where the record of a case has been transmitted to theCentral Government under section 10, or where an appeal has been preferred tothe Central Government under section 11, within three months from the date tothe Central Governments under from the date of the decision of the CentralGovernment in such case or appeal, as the case may be, the notice and all otherproceedings arising therefrom shall be deemed to have lapsed, and no MarriageOfficer shall solemnize the marriage until new notice has been given in themanner laid down in this Act.
CHAPTER III
REGISTRATION OF FOREIGN MARRIAGES SOLEMNIZED UNDER OTHER LAWS
17.Registration of foreignmarriages: (1) Where –
(a) a Marriage Officer issatisfied that a marriage has been duly solemnized in a foreign country inaccordance with the law of that country between parities of whom one at leastwas a citizen of India;and
(b) a party to the marriagesinforms the Marriage Officers writing that he or she desires the marriages tobe registered the Marriage Officer may, upon payment of the prescribed feeregister the marriage.
(2) No marriage shall beregistered under the section unless at the time of registration it satisfiesthe conditions mentioned in section 4.
(3) The Marriages Officer may,for reasons to be recorded in writing, refuse to register a marriage under thissection on the ground that in his opinion the marriage is inconsistent withinternational law or the country of nations.
(4) Where a Marriage Officersrefuses to register a marriage under this section the party applying forregistration may appeal to the Central Government in the prescribed mannerwithin a period of thirty days from the date of such refusal; and the MarriageOfficer shall act in conformity with the decision of the Central Government onsuch appeal.
(5) Registration of a marriageunder this section shall be effected by the Marriage Officer by entering acertificate of the marriage in the prescribed form and in the prescribed mannerin the Marriage Certificate Book and such certificate shall be signed by theparties to the marriage and by three witnesses.
(6) A marriage registered underthis section shall, as from the date of registration, be deemed too havesolemnized under this Act.
CHAPTER IV
MATRIMONIAL RELIEF IN RESPECT OF FOREIGN MARRIAGE
18.Matrimonial relief to beunder special marriage Act, 1954: (1) Subject to the other provisions contained in this section,the provisions of chapter IV, V, VI and VII of the Special Marriage Act, 1954(43 of 1954), shall apply in relation to marriages solemnized under this Actand to try other marriage solemnized in a foreign country between the partiesof whom one at lease is a citizen of India as they apply in relation tomarriages solemnized under that Act.
Explanation: – Inthis application to the marriages referred to in this sub–section,section 24 of the special Marriage Act, 1954 (43 of 1954), shall be subject tothe following modifications, namely: –
(i) the reference in sub–section(1) thereof clauses (a) (b), (c) and (d) of section 4 of that Act shall beconstrued as a reference to clauses (a), (b), (c) , (d) respectively of section4 of this Act, and
(ii) nothing contained insection 24 aforesaid shall apply to any marriage –
(a) which is not solemnizedunder this Act ; or
(b) which is deemed to besolemnized under this Act by reason of the provisions contained in section 17.
Provided that the registrationof any such marriage as is referred to in sub–clause (b) may be declaredto be of no effect if the registration was in contravention of sub–section(2) of section 17.
(2) Every petition for reliefunder Chapter V or Chapter VI of the Special Marriages Act, 1954 (43 of 1954),as made applicable to the marriage referred to in sub–section (1), shallbe presented to the district court within the local limits of whose ordinarycivil jurisdiction –
(a) the respondent is residingat the time of the presentation of the petition ; or
(b) the husband and wife lastresided together; or
(c) the petitioner is residingat the time of the presentation of the petition, provided that the respondentis at that time residing outside India.
Explanation: In this section,"district court" has the same meaning as in the Special Marriage Act,1954 (43 of 1954).
(3) Nothing contained in this section shallauthorise any court –
(a) to make nay decree ofdissolution of marriage, except where –
(i) the parties to the marriageare domiciled in India at the time of the presentation of the petition; or
(ii) the petitioner, being thewife, was domiciled a India immediately before the marriage and has beenmeaning in India for a period of not less than three years immediatelyproceeding the presentation of the petitioner;
(b) to make any decreeannulling a voidable marriage, except where –
(i) the parities to themarriage are domiciled in India at the time of the presentation of petition; or
(ii) the marriage wassolemnized under this Act nature the petitioner, being the wife, has beenordinarily resident of India for a period of three years immediately procedureby presentation of the petition;
(c) to make any decree ofnullity of marriage in respect of a void marriage, except where –
(i) either of the parties tothe marriage is domiciled in India at the time of the presentation of petition;or
(ii) the marriage wassolemnized under this Act and the Petitioner is residing in India at the timeof presentation of the petition;
(d) to grant any other reliefunder Chapter V or Chapter VI of the special Marriage Act, 1954 (43 of 1954)except where the petitioner residing in India at the time being of thepresentation of the petition.
(4) Nothing contained in sub–section(1) shall authorize of to grant any relief under this Act in relation to anymarriage of foreign country not solemnized under it, if the grant of the reliedan respect of such marriage (whether on any of the grounds specified in theSpecial Marriage, Act, 1954 (43 of 1954), or otherwise) is provided for underany other law for the time being in force.
CHAPTER V
PENALTIES
19.Punishment for bigamy: (1) Any person whose marriageis solemnized or deemed to have been solemnized under this Act and who, duringthe subsistence of his marriage, contracts any other marriage in India shall besubject to the penalties provided in section 494 and section 495 of the IndianPenal Code (45 of 1860) and the marriage so contracted shall be void.
(2) The provisions of sub–section(1) apply to any such offence committed by any citizen of India without andbeyond India.
20.Punishment of contraventionof certain other conditions for marriage: Any citizen of India who procures a marriage ofhimself or herself to be solemnized under this Act in contravention of thecondition specified in clause (c) or clause (d) of section 4 shall bepunishable –
(a) in the case of acontravention of the condition specified in clause (c) of section 4, withsimple imprisonment which may extend to fifteen days, or with fine which mayextend to one thousand rupees, or with both ; and
(b) in the case of acontravention of the condition specified in clause (d) of section 4, withsimple imprisonment which may extend to one month, or with fine which mayextend to one thousand rupees, or with both.
21.Punishment for falsedeclaration: If anycitizen of India for the purpose of procuring a marriage, intentionally –
(a) where a declaration isrequired by this Act, makes a false declaration; or
(b) where a notice orcertificate is required by this Act, signs a false notice or certificate ;
he shall be punishable withimprisonment for a term which may extend to three years and shall also beliable.
22.Punishment for wrongfulaction of Marriage Officer: Any Marriage Officer who knowingly and wilfully solemnizes amarriage under this Act in contravention of any of the provisions of this Actshall be punishable with simple imprisonment which may extend to one year, orwith fine which may extend to five hundred rupees, or with both.
CHAPTER VI
MISCELLANEOUS
23.Recognition of marriagessolemnized under law of other countries: If the central Government is satisfied that the lawin force in any foreign country for the solemnization of marriages containsprovisions similar to those contained of this Act, it may, by notification inthe Official Gazette, declare that marriages solemnized under the law in forcein such foreign country shall be recognized by courts in India as valid.
24.Certification of documentsof marriages solemnized in accordance with local law in a foreign country: (1) Where–
(a) a marriage is solemnized inany foreign country specified in this behalf by the Central Government, bynotification in the Official Gazette, in accordance with the law of thatcountry between parities of whom one at least is a citizen of India ; and
(b) a party to the marriage whois such citizen produces to a Marriages Officer in the country in which themarriage was solemnized –
(i) a copy of the entry inrespect of the marriage in the marriage register of that country certified bythe appropriate authority in that country to be true copy that entry; and
(ii) if the copy of that entryis not in the English Language, a translation into the prescribed language ofthat copy ; and
(c) the Marriage Officer issatisfied that the copy of the entry in the marriage register is a true copyand that the translation, if any, is a true translation ;
the Marriage Officer, upon thepayment of the prescribed fee, shall certify upon the copy of the entry in themarriage register and upon the translation that he is satisfied that thetranslation is a true translation of the copy and shall issue the copy and thetranslation to the said party.
(2) A document relating to amarriage in a foreign country issued under sub–section (1) shall beadmitted in evidence in any proceedings if it were a certificate duly issued bythe appropriate authority of that country.
25.Certified copy of entries tobe evidence: Everycertified copy purporting to be signed by the Marriages Officer of an entry ofa marriage in the Marriage Certificate Book shall be received in evidencewithout production or proof o the original.
26.Correction of errors: (1) Any Marriage Officer whodiscovers any error in the form or substance of any entry in the MarriageCertificate Book may; within one month nest after the discovery of such error,,in the presence of the persons married or, in the case of their death orabsence in the presence of two other witnesses correct the error by entry inthe margin without any alteration of the original entry and the said theretothe date of such correction.
(2) Every correcting made underthis section shall be attended by the witnesses in whose presence it was made.
27.Act not validity ofmarriages outside it: Nothing in this Act shall in any way affect the validity of amarriage solemnized in a foreign country otherwise than under the Act.
28.Power to make rules: (1) The Central Governmentmay, by notification in the Official Gazette, make rules for carrying out thepurposed of that Act.
(2) In particular, and withoutprejudice too the generality of the foregoing [owner, such rules may providefor all or any of the following matters namely: –
(a) the duties and powers ofMarriage Officers and their districts ;
(b) the manner in which aMarriage Officers may hold any inquiry under this Act ;
(c) the manner in which noticesof marriages shall be published ;
(d) the places in which and thehours between which marriages under this Act may be solemnized ;
(e) the form and the manner inwhich any books required by or under this Act to be kept shall be maintained ;
(f) the form and the manner inwhich certificates of marriages may be entered under sub–section (5) ofsection 17 ;
(g) the fees that may be leviedfor the performance of any duty imposed upon a Marriage Officers under this Act;
(h) the authorities to which,the form in which and the intervals within which copies of entries in theMarriage Certificate Book shall be sent, and, when corrections are made in theMarriage Certificate Book, the manner in which Certificates of such correctionshall be spent to the authorities ;
(i) the inspection of any booksrequired to be kept under this Act and furnishing of certified copies ofentries therein ;
(j) the manner in which and theconditions subject to which any marriage may be recognized under section 23 ;
(k) any other matter which maybe, or requires to be prescribed.
(3) Every rule made under thissection shall be laid as soon as may be after it is made before each House ofParliament while it is in session for a total period of thirty days which maybe comprised is one sessions or in two successive sessions, and if before theexpiry of the session in which it is laid or the session immediately following,both Houses agree in making any modification in the rule or Both Houses agreethat the rule not to be made, the rule shall thereafter have effect only insuch modified form or be of no effect, as the a case may be; so, however, thatany such modification or consultant shall be without prejudice to the validityof anything previously done under that rule.
29.Amendment of Act 43 of 1954: In the Special Marriage Act,1954, –
(a) in section 1, in sub–section(2), for the words "outside the said territories", the words "inthe State of Jammu and Kashmir" shall be substituted ;
(b) in section 2, clauses (a)and (c) shall be omitted ;
(c) in section 3, for sub–section(2), the following sub–section shall be substituted namely : –
"(2) For the purposes ofthis Act, in its application to the citizens of India domiciled in theterritories to which the Act extends who are in the State of Jammu and Kashmir,the Central Government as it may think fit to be the Marriage Officers for theState or any part thereof" ;
(d) in section 4, for clause(e), the following clause shall be substituted, namely : –
"(e) where the marriage issolemnized in the State of Jammu Kashmir, both the parties are citizens ofIndia domiciled in the territories to which this Act extends";
(e) in section 10, for thewords "outside the territories to which this Act extends in respect of anintended marriage outside the said territories", the words "in theState of Jammu and Kashmir in respect of an intended marriage in theState" shall be substituted;
(f) in section 50, in sub–section(1), the words "diplomatic and consular officers and other" shall beomitted.
30.Repeal: The Indian Foreign MarriageAct, 1903 (14 of 1903), is hereby repealed.
THE FIRST SCHEDULE
(Seesection 5)
FORM OF NOTICE OF INTENDED MARRIAGE
To,
The Manager Officer
for……………………….
We hereby give you notice thata marriage under the Foreign Marriage Act, 1969 is intended to be solemnizedbetween us within three months from the date hereof.
———————————————–Name Condition Occupation Date Dwelling Permanent Length
and of place dwelling of
father’s birth placeand residence
name present in the
dwelling present
placeif not dwelling
permanent place.
———————————————–
A.B. Unmarried
————–
Widower
————-
Divorce
C.D. Unmarried
————-
Widow
————
Divorce
———————————————–
Witness our hands,this…………………….day of………….
19…………………….
Sd. A.B
Sd. C.D
THE SECOND SCHEDULE
(Seesection 12)
DECLARATION TO BE MADE BY THE BRIDEGROOM
I, A.B., hereby declare asfollows: –
1.I am present time unmarried (or a widower or adivorcee, as the case may be)
2.I have completed…………………..years ofage.
3.I am not related to C.D.(The bride) within thedegrees of prohibited relationship.
4.I am citizen of…………………….
(tobe filled up)
5.I am aware that, if any statement in thedeclaration is false, I am liable to imprisonment and also to fine.
Sd.A.B.(The bridegroom)
DECLARATION TO BE MADE BY THE BRIDE
I, C.D., hereby declare asfollows: –
1.I am present time unmarried (or a widower or adivorcee, as the case may be)
2.I have completed…………………..years ofage.
3.I am not related to C.D.(The bride) within thedegrees of prohibited relationship.
4.I am citizen of…………………….
(tobe filled up)
5.I am aware that, if any statement in thedeclaration is false, I am liable to imprisonment and also to fine.
Sd.C.D.(the bride)
Signed in our presence by theabove named A.B. and C.D. So far as we are aware, there is nolawful impediment to the marriage.
Sd. G.H. |
Sd. LJ. |—– Three witnesses.
Sd. K.L. |
(Countersigned)E.F.
Marriage Officer
Datedthe…………………day of……………..19………….
THE THIRD SCHEDULE
(Seesection 14)
FORM OF CERTIFICATE OF MARRIAGE
I, E.F., hereby certify that onthe…………..day of…………..19………A.B. andC.D………….appeared before me and that the declaration required bysection………….of the Foreign Marriage Act, 1969, was duly made, and thata marriage under that Act was solemnized between them in my presence and in thepresence of there witnesses who have signed thereunder.
Sd. E.F.
Marriage Officer
Sd. A.B. (Bridegroom)
Sd. C.D. (Bride)
Sd. G.H.|
Sd. LJ.| ———- Three witness
Sd. K.L.|
Dated the…………….dayof……….19…………
