Do we have the option to solemnize marriages outside the territory of India? If so, which is the law that regulates the same? Special marriage Act specifies that an Indian can marry any foreigner and also it also authorizes the marriage irrespective of the religion or caste or even the places of marriage. This article will look into Marriages and the procedure that is required before and after the solemnization of marriages under the act of 1969.

Object and Reasons behind the act:

Foreign marriages have been recognized and were regulated through codification under the special legislation called Foreign Marriages act, 1969 and it came into force on 31st August 1969. The objective behind the act, as mentioned in its preamble, is to enact the provisions relating to the marriages of citizens of the country outside the territory of the country.

Marriages under the act of 1969:

⦁ Marriage Officers for the purpose of Solemnization:

Having seen that the objective of the act is to make provisions for the regulation and solemnization of marriages, it is important to note that the law enables a person called a Marriage officer for the purpose of solemnization of foreign marriages. Marriage officers shall be appointed under section 3 of the act of 1969 by the union government through a notification in the official gazette. This marriage officer shall be appointed for any foreign country. The section states that any diplomatic officer such as foreign ambassador, envoy, minister, high commissioner or a counselor, or a secretary of an embassy, legation or high commission be named as a Marriage Officer.

⦁ Essential conditions for Solemnization of marriages:

Section 4 of the Foreign marriages act, 1969 deals with conditions for the solemnization of foreign marriages. It states that a marriage between the parties shall be solemnized where one of whom shall be the citizen of India or before a marriage officer in the respective foreign country if the following conditions are fulfilled. They are as follows,

⦁ neither party has a spouse living,

⦁ neither party is an idiot or a lunatic or an insane,

⦁ The bridegroom should have completed the age of twenty-one years and the bride with the age of eighteen years at the time of the marriage and it should be important for the parties that they are not within the degrees of the prohibited relationship. Proviso under this section states that where the personal laws or any custom governs at least one of the parties permits the solemnization of marriage between them, then, in that case, the marriage shall be solemnized notwithstanding the fact that they are within the degrees of prohibited relationship.

⦁ Provision of prior Notice:

Similar to the special marriage act, Section 5 of the foreign marriage act, 1969 provides for the requirement of prior notice from the intended parties. It states that any marriage that is intended to be solemnized under this Act shall require the parties to that marriage to produce a notice in writing in the form that is specified under the first schedule of the marriage act. The same shall be submitted to the marriage officer constituted under section 3 of the act of such district where one of the parties has been residing for a period not less than 30 days immediately preceding the date on which such a notice has been provided.

Section 6 of the act vests the duty on the marriage officer to keep all the notices with him and shall also enter the same into the marriage notice book and the same shall be open for inspection and search at all reasonable times. Similarly, section 7 of the act deals with the publication of notice that has been procured under section 5 of the act. It says, as reiterated,

⦁ in his own office, by affixing a copy thereof to a conspicuous place, and
⦁ in India and in the country or countries in which the parties are ordinarily resident, in the prescribed manner.

Registration of Marriages:

Section 17 under the foreign marriages act, 1969 deals with the registration of foreign marriages. It states that if the marriage officer has been satisfied that the marriage that was solemnized has been duly done following the law of the respective country between the parties of the marriage, one of whom shall be the resident or citizen of India and there have been written submissions made by the desired party regarding the registration, then the marriage officer shall register the marriage upon the payment of fees. Sub-section 2 states that no marriage under the act shall be registered if the same has not been fulfilled by the conditions mentioned under section 4 of the act of 1969. This is to ensure that the conditions are fulfilled and not made void after the solemnization of marriage.

Section 17 also provides the power to the marriage officer to refuse to register the marriage under the specified section on the grounds that the marriage is inconsistent with the international law or the comity of the nations.

If the marriage officer under this section refuses to register on any of the grounds, then the aggrieved party who wants to register their marriage shall make an appeal to the central government in the prescribed manner within the specified period of 30 days from the date of such refusal by the officer. Further, the central government’s decision shall be the final and needs to be followed by the officer.

Section 17 makes a marriage to be registered under the act if the certificate of the marriage has been entered in the marriage certificate book and such certificate needs to be signed by the parties who desired to register their marriage and requires three witnesses as well. Lastly, it states that any marriage that has been registered under the act shall be deemed to be solemnized under the provisions of the act.