FOREIGN MARRIAGE ACT, 1969
(if) the petitioner, being the wife, was domiciled in India immediately before the marriage and has been 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—
(z) the parties to the marriage are domiciled in India at the time of the presentation of the petition; or
(h) 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;
(c) to make any decree of nullity of marriage in respect of a void marriage, except where—
(z) either of the parties to the marriage is domiciled in India at the time of the presentation of the petition; or
(z’z) 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 (43 of 1954), or otherwise) is provided for under any other law for the time being in force.
Objects and Reasons—Clause 18.—Sub-clause (1) applies the provisions of Chapters IV to VII of the Special Marriage Act so as to—
(f) define the consequences of a marriage under the proposed law; and ;
(if) provide for matrimonial relief.
Read with sub-clause (4), it covers also foreign marriages under other laws for which matrimonial relief is not available in India under any other law. Sub-clause (2) is intended to define the District Court which will have jurisdiction for granting relief and sub-clause (3) embodies the recognised principles of private international law as to jurisdiction of Indian Courts to grant matrimonial relief.
While providing for matrimonial relief in respect of foreign marriages under other laws, care has been taken to ensure that—
(a) the validity of such marriages is not affected by the provisions of the proposed law; and
(b) even where such marriage is registered under this law, its validity is not affected by the said provisions, the only relief available in such a case being cancellation of registration.
CHAPTER V
PENALTIES
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 subject to the penalties provided in section 494 and section 495 of the Indian Penal Code (45 of 1860) and the marriage so contracted shall be void.
FOREIGN MARRIAGE ACT, 1969
(2) The provisions of sub-section (1) apply also to any such offence committed by any citizen of India without and beyond India.
Objects and Reasons—Clayse 19.—This follows section 44 of the Special Marriage Act and in its application to a second marriage taking place outside India, it is confined to citizens of India, following the principle underlying section 4 of the Indian Penal Code.
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 a 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.—If any citizen of India for the purpose of p rocuring a marriage, intentionally—
(a) where a declaration is required by this Act, makes a false declaration; or
(£>) where a notice or certificate is required by this Act, signs a 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.—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.
CHAPTER VI
MISCELLANEOUS
23. Recognition of marriages 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 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.
Objects and Reasons—Clause 23.—This provides for recognition in India of marriages solemnized under a law in force outside India, if that law provides for recognition of marriages solemnized under Indian law and is based upon a similar provision in Australian Marriage (Overseas) Act, 1955.
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
