FOREIGN MARRIAGE ACT, 1969
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.
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 open for inspection
at all reasonable times, without fee, by any person desirous of inspecting the
same. ;
Objects and Reasons—Clauses 5 and 6.—These procedural clauses follow sections 5 and 6 of the Special Marriage Act.
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
(fc) in India and in the country or countries in which the parties are ordinarily resident, in the prescribed manner.
Objects and Reasons—Clause 7.—This follows sub-sections (1) and (3) of section 7 Of the Special Marriage Act, but as the marriage would take place outside India and une uf the parties would be an Indian citizen, it has been provided that the notice shall be published in India as well as in the country or countries of residence of the parties.
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 subsection, 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.
Objects and Reasons—Clause 8.—This is modelled on section 8 of the Special Marriage Act and the Explanation is intended to fix the date of publication.
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.—(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 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.
Objects and Reasons—Clauses 9 and 10.—These follow the corresponding provisions in the Special Marriage Act.
11. Marriage 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 tike 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.
Objects and Reasons—Clause 11.—This is intended to ensure that marriages prohi-bited by any law in force in the foreign country or marriages appearing to be in contravention of international law or the comity of nations are not solemnized under the proposed Act, so that marriages solemnized thereunder have a high degree of international validity.
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.—(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 the (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 a language which the Marriage Officer, or, as the case may be, such witness understands.
Objects and Reasons—Clause 13.—This deals with the place and form of solemnization of marriages and is modelled on corresponding provisions in the laws of other countries and the Special Marriage Act.
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
