FOREIGN MARRIAGE ACT, 1969
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.
Objects and Reasons—Clause 14.—This follows section 13 of the Special Marriage Act, except that the certificate of marriage has been made conclusive proof of compliance with formalities regarding residence of a party also. This will enhance the utility of the certificate.
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.
Objects and Reasons—Clause 25.—This provides for the recognition by Courts in India of the validity of marriages solemnized under the proposed Act.
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.
CHAPTER III
REGISTRATION OF FOREIGN MARRIAGES SOLEMNIZED UNDER
OTHER LAWS
17. Registration of foreign marriages.—(1) Where—-
(a) a Marriage Officer is satisfied that a marriage has been duly solemnized in a foreign country in accordance with the law of that country between parties of whom one at least was a citizen of India; and
(V) a party to the marriage informs the Marriage Officer irr writing that he or she desires the marriage to be registered under this section,
the Marriage Officer may, upon payment of the prescribed fee, register the marriage.
(2) No marriage shall be registered under this section unless at the time of registration it satisfies the conditions mentioned in section 4.
(3) The Marriage Officer may, for reasons to be recorded in writing, refuse to register a marriage under this section on the ground that in his opinion the marriage is inconsistent with international law or the comity of nations.
(4) Where a Marriage Officer refuses to register a marriage under this section the party applying for registration 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.
(5) Registration of a marriage under this section shall be effected by the Marriage Officer by entering a certificate of the marriage in the prescribed form and in the prescribed manner in the Marriage Certificate Book, and such certificate shall be signed by the parties to the marriage and by three witnesses.
FOREIGN MARRIAGE ACT, 1969
(6) A marriage registered under this section shall, as from the date of registration, be deemed to have been solemnized under this Act.
Objects and Reasons—Clause 17.—This provides for registration of marriages
solemnized under the law of a foreign country. A marriage will not be registered unless it
satisfies the conditions of validity applicable to marriages solemnized under our proposed
law. The clause also provides for the mode of registration and consequences of registration.
A marriage once registered under the proposed Act will be deemed to have been
solemnized under it.
CHAPTER IV
MATRIMONIAL RELIEF IN RESPECT OF FOREIGN MARRIAGES
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.
Explanation.—In its application to the marriages referred to in this subsection, section 24 of the Special Marriage Act, 1954 (43 of 1954), shall be subject to the following modifications, namely:—
(z) 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
(if) 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 coiiUined 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’
(c) the petitioner is residing at the time of the 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—
(0 the parties to the marriage are domiciled in India at the time of the presentation of the petition; or
