The Foreign Marriage Act, 1969 – Notes for Exam Preparation

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The Foreign Marriage Act, 1969

Chapter I – Preliminary

Original Law Text:

  1. Short title. —This Act may be called the Foreign Marriage Act, 1969.
  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 officer performs his duties.
    (c) “Foreign country” means a place outside India, including ships located in the territorial waters of a foreign country.
    (d) “Marriage Officer” refers to a person appointed under section 3 to perform marriage duties.
    (e) “Official house”, regarding a Marriage Officer, includes:
  • His official residence,
  • His office of work,
  • Any other prescribed place.
    (f) “Prescribed” means prescribed through rules under this Act.
  1. Marriage Officers. —For the purposes of this Act, the Central Government may appoint by notification in the Official Gazette, such diplomatic or consular officers as it deems fit, to act as Marriage Officers for any foreign country.
    Explanation: In this section, “diplomatic officer” includes ambassadors, envoys, ministers, high commissioners, commissioners, chargés d’affaires, other diplomatic representatives, counsellors, or secretaries of embassies, legations, or high commissions.

Simple Explanation:

This chapter introduces the Foreign Marriage Act, 1969. It begins by giving the law its official name and setting out important definitions needed to understand the Act properly. Key terms like degrees of prohibited relationship, district, foreign country, Marriage Officer, and official house are explained clearly.

It also describes how Marriage Officers are appointed. The Central Government selects its diplomatic or consular officials to perform marriages abroad for Indian citizens. Different diplomatic titles like ambassador, minister, or counsellor are covered under who qualifies as a diplomatic officer.

Vital Pointers to Remember:

  • The law is officially named the Foreign Marriage Act, 1969.
  • Key terms are explained, like Marriage Officer, district, and foreign country.
  • A Marriage Officer can be any diplomatic or consular officer appointed by the Central Government.
  • The term diplomatic officer includes ambassadors, ministers, high commissioners, and similar officials.
  • Official house means the Marriage Officer’s residence, office, or another designated place.
  • Prescribed items refer to those set by rules made under the Act.

Chapter II – Solemnization Of Foreign Marriages

Original Law Text:

  1. Conditions relating to solemnization of foreign marriages. —A marriage under this Act can be performed by or before a Marriage Officer in a foreign country if: (a) At least one party is an Indian citizen.
    (b) Neither person is already married to someone else.
    (c) Neither person is an idiot or lunatic.
    (d) The groom is at least 21 years old, and the bride is at least 18 years old.
    (e) The parties are not within degrees of prohibited relationship, unless their personal law or custom allows it.
  2. Notice of intended marriage. —Parties must provide written notice (as per the First Schedule) to the Marriage Officer of the district where at least one party has resided for 30 days before giving notice.
  3. Marriage Notice Book. —The Marriage Officer must record all notices in a Marriage Notice Book, which is open to public inspection at reasonable times without any fee.
  4. Publication of notice. —Upon receiving the notice, the Marriage Officer must publish it: (a) At his office by displaying it openly. (b) In India and in the country of the parties’ usual residence, as prescribed.
  5. Objection to marriage. —Anyone can object within 30 days after the notice’s publication, if the marriage would violate the conditions of Section 4. Objections must be written and signed, and the Marriage Officer must record them.
  6. Solemnization of marriage where no objection made. —If no objections arise within 30 days, the marriage can proceed.
  7. Procedure on receipt of objection. —If an objection is received:
  • The Marriage Officer must inquire into the objection.
  • If in doubt, the matter must be referred to the Central Government, whose decision will be final.
  1. Marriage not to be in contravention of local laws. —A marriage must not breach the laws of the foreign country where it is solemnized. The Marriage Officer can refuse to solemnize a marriage for legal or international reasons. Appeals against such refusals can be made to the Central Government within 30 days.
  2. Declaration by parties and witnesses. —Before the marriage, the bride, groom, and three witnesses must sign a declaration (per the Second Schedule) in the presence of the Marriage Officer.13. Place and form of solemnization. —The marriage must occur at the official house of the Marriage Officer, with open doors, between prescribed hours, and with at least three witnesses.
    Each party must declare: “I, (A) take thee (B) to be my lawful wife (or husband)”, in a language they understand.14. Certificate of marriage. —After the marriage, the Marriage Officer must enter details in the Marriage Certificate Book (per the Third Schedule), signed by the bride, groom, and three witnesses. This certificate is conclusive proof of the marriage.15. Validity of foreign marriages in India. —A marriage performed as per this Act is considered valid in India.16. New notice when marriage not solemnized within six months. —If the marriage isn’t completed within six months of giving notice (or within three months after a government decision on an objection), a new notice must be issued.

Simple Explanation:

This chapter explains how Indian citizens can marry abroad under the Foreign Marriage Act, 1969. Specific conditions must be met: neither party should already be married, both must be mentally sound, they must meet minimum age requirements, and they must not be closely related unless custom permits.

Before marrying, a public notice must be given. The Marriage Officer will record and publish it. If someone objects, the Marriage Officer will investigate and, if unsure, send the case to the Central Government. If no objections are raised, or objections are cleared, the marriage is conducted formally with witnesses, a declaration, and then certified.

Additionally, marriages must not violate local laws where the marriage happens. If any refusal or issue arises, appeals can be made to the Central Government. If a marriage is delayed beyond six months, a fresh notice is needed.

Vital Pointers to Remember:

  • One party must be an Indian citizen to marry under this Act abroad.
  • Conditions include age limits, mental fitness, and no existing spouse.
  • Notice of intended marriage must be given and published.
  • Public objections can be made within 30 days.
  • Objections are handled by inquiry; doubtful cases go to the Central Government.
  • Marriages cannot violate foreign country’s laws or international principles.
  • Marriage must be formalized with a declaration and witnesses.
  • Marriage certificate serves as conclusive proof.
  • Marriage must be completed within six months of notice, otherwise, a new notice is required.

Chapter III – Registration Of Foreign Marriages Solemnized Under Other Laws

Original Law Text:

  1. Registration of foreign marriages. —
    (1) If a Marriage Officer is satisfied that a marriage was properly solemnized under the law of a foreign country between parties, of whom at least one is an Indian citizen, and one party requests registration in writing, the marriage may be registered upon payment of the prescribed fee.
    (2) No marriage shall be registered unless the conditions in Section 4 (relating to marital status, age, mental capacity, and prohibited relationships) are met.
    (3) The Marriage Officer may refuse registration if the marriage appears to conflict with international law or comity of nations, and must record reasons for refusal.
    (4) If registration is refused, an appeal can be made to the Central Government within 30 days, and the Marriage Officer must follow the decision given by the Central Government.
    (5) Registration happens through entry of a certificate in the Marriage Certificate Book, signed by the parties and three witnesses.
    (6) Once registered, the marriage is considered solemnized under this Act from the date of registration.

Simple Explanation:

This chapter deals with registering marriages that have already been celebrated under foreign laws. If one party is an Indian citizen, they can apply to register their foreign marriage through a Marriage Officer.

However, the marriage must meet the same basic requirements (like age, single status, mental capacity, and no prohibited relationship) as described earlier.

If the marriage seems to violate international norms or friendliness between countries, the Marriage Officer can refuse to register it, but reasons must be officially recorded. In case of refusal, the affected party can appeal to the Central Government, which will make a final decision.

Upon successful registration, the marriage is treated legally as though it had been solemnized under the Foreign Marriage Act, 1969.

Vital Pointers to Remember:

  • Registration allowed for marriages done abroad where at least one partner is an Indian citizen.
  • Basic conditions like marital status, age, and non-relationship must be fulfilled even for registration.
  • Marriage Officer can refuse registration for reasons like conflicts with international law.
  • Appeal possible to the Central Government within 30 days if registration is refused.
  • Registration requires signatures of the couple and three witnesses.
  • Registered marriages are treated as if solemnized under the Foreign Marriage Act, 1969.

Chapter IV – Matrimonial Relief In Respect Of Foreign Marriages

Original Law Text:

  1. Matrimonial reliefs to be under Special Marriage Act, 1954. —
    (1) The provisions of Chapters IV, V, VI, and VII of the Special Marriage Act, 1954 apply to:
  • Marriages solemnized under the Foreign Marriage Act, 1969, and
  • Any marriage solemnized abroad where at least one party is an Indian citizen.

Explanation:

  • References to specific conditions from the Special Marriage Act are replaced by those from the Foreign Marriage Act.
  • Section 24 of the Special Marriage Act does not apply to marriages not solemnized under the Foreign Marriage Act, unless registered under Section 17.

(2) Any petition for relief must be filed in the district court where:

  • The respondent lives, or
  • The husband and wife last lived together, or
  • The petitioner lives (if the respondent lives outside India).

(3) Courts can only grant divorce, annulment, or other relief in limited cases, mainly if:

  • The parties are domiciled in India, or
  • The petitioner (wife) was domiciled in India before marriage and lived in India for at least three years before filing.

(4) Relief cannot be granted under this Act for marriages done abroad if another law already provides for similar relief.

Simple Explanation:

This chapter explains how couples married abroad can seek divorce or other matrimonial relief through Indian courts under the rules of the Special Marriage Act, 1954.

The same laws for things like divorce, separation, and annulment apply, but with some changes. References in the Special Marriage Act are adjusted to fit the Foreign Marriage Act’s conditions.

A petition must usually be filed in the district where the other spouse lives or where the couple last lived together. If the spouse lives outside India, the petitioner must be living in India.

However, not every foreign marriage can be dissolved by Indian courts — courts need a connection to India, like domicile (permanent home) or the wife’s residence for at least three years.

Also, if other Indian laws already deal with marriages abroad, this Act won’t interfere.

Vital Pointers to Remember:

  • Divorce and related reliefs for marriages under this Act follow the Special Marriage Act, 1954.
  • Petitions must be filed in the right district court based on residence rules.
  • Relief limited to cases with strong Indian domicile links.
  • No relief under this Act if other Indian laws cover foreign marriages.
  • Section references from the Special Marriage Act are adjusted to match the Foreign Marriage Act.

Chapter V – Penalties

Original Law Text:

  1. Punishment for bigamy. —
    (1) Any person whose marriage is solemnized (or deemed solemnized) under this Act and who marries again during the lifetime of their spouse commits bigamy. They shall face punishment under Sections 494 and 495 of the Indian Penal Code (IPC), and the second marriage will be void.
    (2) This rule applies even if the second marriage happens outside India.
  2. Punishment for contravention of certain other conditions for marriage. —
    Any Indian citizen who marries under this Act by violating:
  • Clause (c) (minimum age) or
  • Clause (d) (prohibited relationship) of Section 4
     shall face:
  • For violating minimum age: simple imprisonment up to 15 days, or a fine up to ₹1,000, or both.
  • For marrying within prohibited relationships: simple imprisonment up to one month, or a fine up to ₹1,000, or both.
  1. Punishment for false declaration. —
    If any Indian citizen knowingly:
  • Makes a false declaration, or
  • Signs a false notice or certificate,
    they can be punished with imprisonment up to three years and a fine.
  1. Punishment for wrongful action of Marriage Officer. —
    If a Marriage Officer deliberately and knowingly violates the provisions of the Act while solemnizing a marriage, they can face:
  • Simple imprisonment up to one year, or
  • A fine up to ₹500, or both.

Simple Explanation:

This chapter describes punishments for breaking the rules of the Foreign Marriage Act, 1969.

If a person marries someone else while their earlier marriage (under this Act) is still valid, they commit bigamy, a crime under Indian Penal Code laws, and the new marriage is void.

If anyone marries under this Act without meeting the minimum age or by marrying someone they are closely related to, they can be jailed for a short time or fined.

Lying in any declaration, notice, or certificate regarding marriage details can result in severe punishment — imprisonment for up to three years plus a fine.

Marriage Officers also have to act responsibly. If they knowingly break the rules while conducting marriages, they too can be jailed or fined.

Vital Pointers to Remember:

  • Bigamy is illegal, and the second marriage is void; punishment follows the IPC rules.
  • Violating minimum age or prohibited relationship conditions results in imprisonment or fine.
  • False declarations attract imprisonment up to three years plus a fine.
  • Marriage Officers face punishment if they knowingly break the Act’s rules.

Chapter VI – Miscellaneous

Original Law Text:

  1. Recognition of marriages solemnized under law of other countries. —
    If the Central Government believes that a foreign country’s marriage laws are similar to this Act, it can officially declare that marriages from that country are recognised as valid in India.
  2. Certification of documents of marriages solemnized in accordance with local law in a foreign country. —
    (1) If a marriage between at least one Indian citizen and another person takes place under the local law of a foreign country specified by the Central Government:
  • The citizen can produce a certified copy of the marriage register entry and, if needed, an English translation.
  • If the Marriage Officer is satisfied with the authenticity, they will certify it upon payment of the prescribed fee. (2) Such certified documents are accepted as valid evidence in Indian courts.
  1. Certified copy of entries to be evidence. —
    Every certified copy signed by the Marriage Officer from the Marriage Certificate Book is accepted in court without needing to produce the original record.
  2. Correction of errors. —
    (1) If a mistake is discovered in the marriage record, the Marriage Officer may correct it within one month, with the couple or two witnesses present, by making a marginal note without altering the original entry.
    (2) Corrections must be witnessed and signed.
  3. Act not to affect validity of marriages outside it. —
    This Act does not affect the legal status of marriages solemnized abroad under other laws.
  4. Power to make rules. —
    (1) The Central Government can create rules to implement this Act through official notifications.
    (2) Rules may cover:
  • Duties of Marriage Officers,
  • Procedure for inquiries,
  • Publication of notices,
  • Timings and places for marriages,
  • Forms and maintenance of official books and certificates,
  • Fees to be charged,
  • Recognition of marriages under Section 23, and
  • Any other necessary matters. (3) Rules must be presented before Parliament. If Parliament modifies or cancels a rule, it takes effect accordingly.
  1. Amendment of Act 43 of 1954. —
    Certain changes are made to the Special Marriage Act, 1954 to align it with the application of the Foreign Marriage Act, particularly relating to marriages in Jammu and Kashmir (now adapted post-2019 reforms).
  2. Repeal. —
    The Indian Foreign Marriage Act, 1903 is repealed, meaning it is no longer in force.

Simple Explanation:

This final chapter deals with additional important matters under the Foreign Marriage Act, 1969.

The Indian government can recognise marriages performed under similar foreign laws as valid. It also lays out how marriage certificates and records from other countries can be certified and used as legal proof in India.

Mistakes in marriage records can be corrected by a Marriage Officer, but without changing the original entry, and proper witnesses must be present.

Marriages that happen abroad under different legal systems remain valid and are not affected by this Act.

The Central Government is empowered to create detailed rules and procedures to ensure the Act runs smoothly. These rules are subject to Parliament’s approval.

Finally, older laws like the Indian Foreign Marriage Act, 1903 are abolished to prevent confusion.

Vital Pointers to Remember:

  • Marriages under similar foreign laws can be recognised as valid in India.
  • Certification of foreign marriage records is accepted as evidence.
  • Errors in marriage entries can be corrected properly with witnesses.
  • The Act does not invalidate marriages solemnized under other legal systems.
  • The Central Government can make rules and Parliament can review them.
  • The older Foreign Marriage Act, 1903 is repealed.

Schedules – Forms and Declarations

Original Law Text:

The First Schedule — Form of Notice of Intended Marriage
 A written notice must be given to the Marriage Officer when two people plan to marry under the Act. It includes:

  • Full names and father’s names
  • Marital status (unmarried, widow, widower, or divorcee)
  • Occupation
  • Date of birth
  • Present and permanent addresses
  • Length of residence at the current address
    Both parties must sign it, along with the date of signing.

The Second Schedule — Declaration to Be Made by the Bridegroom and the Bride
 Before the marriage is solemnized:

  • Both the bridegroom and bride must separately declare:
    • They are unmarried, widowed, or divorced.
    • Their age (confirming they are of legal marriageable age).
    • They are not related within prohibited degrees unless permitted by custom.
    • Their citizenship.
    • Acknowledgement that making a false declaration can result in imprisonment and/or fine.
      This declaration must be signed by both parties and three witnesses, and countersigned by the Marriage Officer.

The Third Schedule — Form of Certificate of Marriage
 Once the marriage has been solemnized:

  • The Marriage Officer issues a marriage certificate stating:
    • Date and place of marriage
    • Names of the parties
    • Declaration made under the Act
      This certificate is signed by the bridegroom, bride, three witnesses, and the Marriage Officer.

Simple Explanation:

The Schedules provide the standard forms used during the marriage process under the Foreign Marriage Act, 1969.

The First Schedule details the form for giving notice of the intended marriage, containing necessary personal and residential information of both parties.

The Second Schedule involves a formal declaration where both bride and groom individually confirm they meet all legal requirements and are aware of penalties for false statements.

The Third Schedule is the marriage certificate form that confirms and records the marriage details after it has been properly solemnized. It acts as legal proof of marriage.

Vital Pointers to Remember:

  • First Schedule: Notice of marriage must have personal, residential, and marital status details.
  • Second Schedule: Bride and groom must separately declare their eligibility for marriage, witnessed and signed properly.
  • Third Schedule: Certificate of marriage confirms the marriage was performed legally and is signed by all parties and witnesses.
  • Declarations and certificates serve as legal evidence and are essential to validate the marriage under the Act.
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