Dubai-best-hotels: THE FOREIGN MARRIAGE ACT,1969

THE FOREIGN MARRIAGE ACT,1969

ACT NO. 33 OF 1969

An Act to make provision relating to marriages of citizens of India

outside India.

[31st Auust 1969.]

BE it enacted by Parliament in the Twentieth Year of the Republic

of India as follows:-

CHAP

PRELIMINARY

CHAPTER I

PRELIMINARY

Short title.

1.Short title.-This Act may be called the Foreign Marriage Act,

1969.

Definitions.

2.Definitions.-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;

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

* Source: www.india.gov.in

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.

Marriage Officers.

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.

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Explanation.-In this section, "diplomatic officer" means an

ambassador, envoy, minister, high commissioner, commissioner, charged'

affaires or other diplomatic representative or a counsellor or

secretary of an embassy, legation or high commission.

CHAP

SOLEMNIZATION OF FOREIGN MARRIAGES

CHAPTER II

SOLEMNIZATION OF FOREIGN MARRIAGES

Conditions relating to solemnization of foreign marriages.

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:--

(a) neither party has a spouse living,

(b) neither party is an idiot or a lunatic,

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.

Notice of intended marriage.

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.

Marriage Notice Book.

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

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open for inspection at all reasonable times, without fee, by any

person desirous of inspecting the same.

Publication of notice.

7.Publication of notice.-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.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.

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.

Solemnization of marriage where no objection made.

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.

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.

(2) Where a Marriage Officer after making any such inquiry

entertains a doubt in respect of any objection, he shall transmit the

record with such statement respecting the matter as he thinks fit to

the Central Government; and the Central Government, after

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making such further inquiry into the matter and after obtaining such

advice as it thinks fit, shall give its decision thereon in writing to

the Marriage Officer, who shall act in conformity with the decision of

the Central Government.

11.

Marriage not to be in contravention of local laws.

11. Mgarriage 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.

(2)The Marriage Officer may, for reasons to be recorded in

writing, refuse to solemnize a marriage under this Act on the ground

that in his opinion, the solemnization of the marriage would be

inconsistent with international law or the comity of nations.

(3) Where a Marriage Officer refuses to solemnize a marriage under

this section, any party to the intended marriage may appeal to the

Central Government in the prescribed manner within a period of thirty

days from the date of such refusal; and the Marriage Officer shall act

in conformity with the decision of the Central Government on such

appeal.

12.

Declaration by parties and witnesses.

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.

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.

(2)The marriage may be solemnized in any form which the parties

may choose to adopt:

Provided that it shall not be complete and binding on the parties

unless each party declares to the other in the presence of the

Marriage Officer and the three witnesses and in any language understood

by the parties,-"I, (A), take thee (B), to be my lawful wife (or

husband)":

Provided further that where the declaration referred to in the

preceding proviso is made in any language which is not understood by

the Marriage Officer or by any of the witnesses, either of the parties

shall interpret or cause to be interpreted the declaration in

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a language which the Marriage Officer or, as the case may be, such

witness understands.

14.

Certificate of marriage.

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.

(2)On a certificate being entered in the Marriage Certificate

Book by the Marriage Officer, the certificate shall be deemed to be

conclusive evidence of the fact that a marriage under this Act has

been solemnized, and that all formalities respecting the residence of

the party concerned previous to the marriage and the signatures of

witnesses have been complied with.

15.

Validity of foreign marriages in India.

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.

16. New notice when marriage not solemnized within six months.-

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.

CHAP

REGISTRATION OF FOREIGN MARRIAGES SOLEMNIZED UNDER OTHER LAWS

CHAPTER III

REGISTRATION OF FOREIGN MARRIAGES SOLEMNIZED UNDER OTHER LAWS

17.

Registration of foreign marriages.17. Registration of foreign marriages.-(1)

Where- (a) a Marriage Officer is satisfied that a marriage has

been duty solemnized in a foreign cou

CHAP

MATRIMONIAL RELIEF IN RESPECT OF FOREIGN MARRIAGES

CHAPTER IV

MATRIMONIAL RELIEF IN RESPECT OF FOREIGN MARRIAGES

18.

Matrimonial reliefs to be under Special marriage Act, 1954.

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

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between parties of whom one at least is a citizen of India as they

apply in relation to marriages solemnized under that Act.

Explanation.-In its application to the marriages referred to in

this sub-section, section 24 of the Special Marriage Act, 1954 (43 of

1954), shall be subject to the following modifications, namely:-

(i) the reference in sub-section (1) thereof to clauses

(a), (b),(c)and (d) of section 4 of that Act shall be

construed as a reference to clauses (a), (b), (c) and (d)

respectively of section 4 of this Act, and

(ii) nothing contained in section 24 aforesaid shall apply

to any marriage-

(a) which is not solemnized under this Act; or

(b) which is deemed to be solemnized under this Act by

reason of the provisions contained in section 17:

Provided that the registration of any such marriage as is

referred to in sub-clause (b) may be declared to be of no effect if

the registration was in contravention of sub-section (2) of section

17.

(2) Every petition for relief under Chapter V or Chapter VI of

the Special Marriage Act, 1954 (43 of 1954), as made applicable to

the marriages referred to in sub-section (1), shall be presented to

the district court within the local limits of whose ordinary civil

jurisdiction-

(a) the respondent is residing at the time of the

presentation of the petition; or

(b) the husband and wife last resided together; or

presentation of the petition, provided that the respondent is

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 shall authorise any court-

(a) to make any decree of dissolution of marriage, except

where-

(i) the parties to the marriage are domiciled in India

at the time of the presentation of the petition; or

(ii) the petitioner, being the wife, was domiciled in

India immediately before the marriage and has been

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residing in India for a period of not less than three

years immediately preceding the presentation of the

petition;

(b) to make any decree annulling a voidable marriage,

except where-

(i) the parties to the marriage are domiciled in India

at the time of the presentation of the petition; or

(ii) the marriage was solemnized under this Act and the

petitioner, being the wife, has been ordinarily resident

in India for a period of three years immediately

preceding the presentation of the petition;

a void marriage, except where-

(i) either of the parties to the marriage is domiciled

in India at the time of the presentation of the petition,

(ii) the marriage was solemnized under this Act and the

petitioner is residing in India at the time of the

presentation of the petition;

(d) to grant any other relief under Chapter V or Chapter VI

of the Special Marriage Act, 1954 (43 of 1954), except where

the petitioner is residing in India at the time of the

presentation of the petition.

(4) Nothing contained in sub-section (1) shall authorise any

court to grant any relief under this Act in relation to any marriage

in a foreign country not solemnized under it, if the grant of relief

in respect of such marriage (whether on any of the grounds specified

in the Special Marriage Act, 1954, (45 of 1954) or otherwise) is

provided for under any other law for the time being in force.

CHAP

PENALTIES

CHAPTER V

PENALTIES

19.

Punishment for bigamy.

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

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subject to the penalties provided in section 494 and section 495 the

Indian Penal Code (45 of 1860) and the marriage so contracted shall be

void.

(2) The provisions of sub-section (1) apply also to any such

offence committed by any citizen of India without and beyond India.

20.

Punishment for contravention of certain other conditions for marriage.

20. Punishment for contravention of certain other conditions for

marriage.-Any citizen of India who procures a marriage of himself or

herself to be solemnized under this Act in contravention of the condition

specified in clause (c) or clause (d) of section 4 shall be

punishable-

(a) in the case of contravention of the condition specified

in clause (c) of section 4, with simple imprisonment which

may extend to fifteen days or with fine which may extend to

one thousand rupees, or with both; and

(b) in the case of a contravention of the condition

specified in clause (d) of section 4, with simple

imprisonment which may extend to one month, or with fine

which may extend to one thousand rupees, or with both.

21.

Punishment for false declaration.

21. Punishment for false declaration.-If any citizen of India for

the purpose of procuring a marriage, intentionally-

(a) where a declaration is required by this Act, makes a

false declaration ; or

(b) where a notice or certificate is required by this Act,

signs false notice or certificate;

he shall be punishable with imprisonment for a term which may extend

to three years and shall also be liable to fine.

22.

Punishment for wrongful action of Marriage Officer.

22.Punishment for wrongful action of Marriage Officer.-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.

CHAP

MISCELLANEOUS

CHAPTER VI

MISCELLANEOUS

23.

Recognition of marriage solemnized under law of other countries.

23.Recognition of marriage 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

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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 withlocal law

in a foreign country.

24. Certification of documents of marriages solemnized in

accordance with local law in a foreign country.-(1) Where-

(a) a marriage is solemnized in any foreign country

specified in this behalf by the Central Government, by notification

in the Official Gazette, in accordance with the law

of that country between parties of whom one at least is a

citizen of India; and

(b) a party to the marriage who is such citizen produces to

a Marriage Officer in the country in which the marriage was

solemnized-

(i) a copy of the entry in respect of the marriage in

the marriage register of that country certified by the

appropriate authority in that country to be a true copy

of that entry; and

(ii) if the copy of that entry is not in the English

language, a translation into the prescribed language of

that copy; and

entry in the marriage register is a true copy and that the

translation, if any, is a true translation;

the Marriage Officer, upon the payment of the prescribed fee, shall

certify upon the copy that he is satisfied that the copy is a true

copy of the entry in the marriage register and upon the translation

that he is satisfied that the translation is a true translation of the

copy and shall issue the copy and the translation to the said party.

(2) A document relating to a marriage in a foreign country

issued under sub-section (1) shall be admitted in evidence in any

proceedings as if it were a certificate duly issued by the appropriate

authority of that country.

25.

Certified copy of entries to be evidence.

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.

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26.

Correction of errors.

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.

(2) Every correction made under this section shall be attested

by the witnesses in whose presence it was made.

27.

Act not to affect validity of marriages outside it.

27. Act not to affect validity of marriages outside it.-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.

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.

(2) In particular, and without prejudice to the generality of

the foregoing power, such rules may provide for all or any of the

following matters, namely:-

(a) the duties and powers of Marriage Officers and their

districts;

(b) the manner in which a Marriage Officer may hold any

inquiry under this Act;

published;

(d) the places in which and the hours between which

marriages under this Act may be solemnized;

(e) the form and the manner in which any books required by

or under this Act to be kept shall be maintained;

(f)the form and manner in which certificates of marriages may

be entered under sub-section (5) of section 17;

(g) the fees that may be levied for the performance of any

duty imposed upon a Marriage Officer under this Act;

(h) the authorities to which, the form in which and the

intervals within which copies of entries in the Marriage

Certificate Book shall be sent, and, when corrections are

made in the Marriage Certificate, Book, the manner in

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which certificates of such corrections shall be sent to the

authorities;

(i) the inspection of any books required to be kept under

this Act and the furnishing of certified copies of entries

therein;

(j) the manner in which and the conditions subject to which

any marriage may be recognized under section 23;

(k) any other matter which may be, or requires to be,

prescribed.

(3) Every rule made under this section shall be laid as soon as

may be after it is made before each House of Parliament while it is in

session for a total period of thirty days which may be comprised in

one session or 1*[in two or more successive sessions, and if, before

the expiry of the session immediately following the session or

the successive sessions aforesaid]" both Houses agree in making any

modification in the rule or both Houses agree that the rule should not

be made, the rule shall thereafter have effect only in such modified

form or be of no effect, as the case may be; so, however, that any

such modification or annulment shall be without prejudice to the

validity of anything previously done under that rule.

29.

Amendment of Act 43 of 1954.

29. Amendment Act of 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 "in the State of

Jammu and Kashmir" shall be substituted;

(b) in section 2, clauses (a) and (c) shall be omitted;

shall be substituted, namely:-

"(2) For the purposes of this Act, in its application

to citizens of India domiciled in the territories to

which this Act extends who are in the State of Jammu and

Kashmir, the Central Government may, by notification in

the Official Gazette, specify such officers of the

Central Government as it may think fit to be the

Marriage Officers for the State or any part thereof.";

(d) in section 4, for clause (e), the following clause

shall be substituted, namely:-

"(e) where the marriage is solemnized in the State of Jammu

and Kashmir, both parties are citizens of

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

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India domiciled in the territories to which this Act

extends.";

(e) in section 10, for the words "outside the

territories to which this Act extends in respect of an

intended marriage outside the said territories", the words

"in the State of Jammu and Kashmir in respect of an intended

marriage in the State" shall be substituted;

(f) in section 50, in sub-section (1), the words

"diplomatic and consular officers and other" shall be

omitted.

30.

Repeal.

30.Repeal.-The Indian Foreign Marriage Act, 1903 (1 of 1903), is

hereby repealed.

Thursday 24 October 2013

THE FOREIGN MARRIAGE ACT,1969

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