TOPIC: Foreigner Marriage registration process in Chennai

Foreigner Marriage registration process in Chennai 5 months 3 weeks ago #91

  • monika
  • monika's Avatar
One of friend living in Thiruvanmiyur , Chennai . She is an Hindu native of Kerala and the Groom is an Christian and Malaysian national. They wanted to do register marriage in the month of January 2018 in Chennai .
He is visiting India and he will be stay in Chennai for one week. So they want to complete the registration process within a week and they need marriage certificate for include spouse name in passport and apply MAlaysia visa.
We approached nearby sub registrar office in Thiruvanmiyur, Chennai They said that Foreigner Marriage has to be registered under special marriage Act they have to give 30 days notice.
Any one must have local address proof. Groom must have single status certificate from Malaysia.
But the problem is she is native of Kerala and she doesn't have any local address proof for chennai. She have rental agreement only. The groom cannot stay beyond seven days.
So let me know there is any possibility to complete the registration within a week without local address proof. If it is possible please answer the following queries . it will be very helpful for them.
What is the procedure for register Malaysian marriage in Chennai ?
What is the documents required for foreigner marriage registration in Chennai ?
How long will take to complete the marriage registration ?
After getting marriage certificate, what is the formalities to get Malaysian citizenship ?
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Malaysian Marriage registration process in Chennai 5 months 3 weeks ago #118

Here's I wish to explain some information about one of my my friend’s marriage with Malaysian national under the Special Marriage Act. They did not use any consultancy for the civil Marriage in Chennai, Tamilnadu.

They chose to get married in Chennai, Tamilnadu for two reasons - first, because the groom is from Annanagar and they were planning to live in Chennai Annanagar for the proximate short term and processing their Indian visa (& later PIO card) would be easier with an Tamilnadu marriage certificate. And second, the certificate would be in English and more easily acceptable in their country also.

They planned to do their marriage in Chennai and Malaysia as well. I advised that getting married legally in two countries was NOT a good idea & technically illegal - instead get married once and make that marriage certificate internationally acceptable by getting the necessary attestation.


For the Special marriage, I strongly suspect things differ from state to state and even district to district. Things like 30 days notice for Civil Marriages are the same but minute document requirements & processing times surely differ. In Chennai itself the experience at the Sub registrar Annanagar are completely different.

So we chose to get married under the Special Marriage Act 1954 (Civil Marriage) because neither of us are religious and we have the luxury of time on our side. First you have to register the 'intent' to marry at the Marriage Office under whose jurisdiction you fall. From what I saw, this can even be done by parents or an agent (though the form does require signatures of the bride & groom) and basically involves submitting proofs of ID/age & residence proof. (Divorce decrees and Municipal Death Certificates for divorcees/widowers).
Our form said the following documents are acceptable in Tamilnadu:

*Age Proof - Birth Certificate, School Leaving Certificate, MARK SHEET, Passport
*Residence Proof - Ration Card, Election Card, Passport

All documents had to be notarized (the cheap rubber stamp notarizing, not the wax stamp one with revenue stamps..)

We used bride passport for proof of identity, age & address. groom used his passport (with valid Indian visa) for identity & age, but since her passport does not carry a residential address , we had also brought an extract from his municipality verifying his date of birth, parents, proof of address etc. Even though we had to fill his address on the 'Intended Marriage Form' they never cross checked it or looked at the document (which was in another language, so lucky us!). If you cannot get this you can get a letter from your Consulate. See below.

Another tricky part for foreigners or NRIs marrying in Tamilnadu is that one of the marriageable parties has to prove residency in the area for the previous consecutive 30 days. If someone does not provide their passport as an identify document we don't know how they would check this, though they did check my passport immigration stamps to see when we had returned from our trips abroad earlier that year. I know in places like Goa where there are lots of foreigners getting married this is uniformly enforced (though obviously there are ways to bribe your way around it with a false police certificate).

Another thing we planned meticulously for (because we read on the internet that it was a requirement) was a No Objection letter from bride Consulate. Basically it was a letter from her Consulate in Mumbai stating all his details (Name, Passport No, Age, Address) and saying that marital status was 'Unmarried' and that according to her country's law there is no impediment to him entering into matrimony with Indian national named ABC, born on etc.
It seems like a pretty important document because how else would you know if a foreigner was married elsewhere. BUT our wonderful Marriage Office didn't even glance at it. Be aware that some people on other forums have said that this was asked of them.

OK so once the intent to marry is submitted you get to pick a date to solemnize the marriage - it has to be at least 30 days after submission of intent, depending on their appointment availability & your choice. They are supposed to post the 'Intended Marriage Notices' up for those 30 days to give time for people to come forward with objections. I'm not sure if they really do!

On the day of solemnization, we had to come with 3 witnesses (each brought 3-4 stamp size passport photographs plus original ID photo proofs & copies). They made us fill declaration form with details of our witnesses & took their ID proof copies. During the 'marriage' the couple and all the witnesses will have to sign the main Marriage register & say their 'vows'. It's basically the most unromantic, bureaucratic procedure ever with lots of waiting involved. The Annanagar Marriage Office refused to let us face each other while exchanging vows and made me face her and recite them.

The original marriage certificate is part of their Register which stays with them. For your 'copy' of the Marriage Certificate they try and tell you to come back after one week, but we insisted and got it on the same day. We did not have to bribe anybody, but were very assertive. They charged another 1500/- (I think) without receipt.

Finall we got three copies of original marriage certificate within a week time .
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Malaysian Marriage registration process in Chennai 5 months 3 weeks ago #119

Recently we approached sub registrar Annanagar for my friend foreign marriage registration. In that case one is form Malaysia and one is from Annanagar. That is pakka arranged marriage and both parents also were presented in marriage .

But the Salem Annanagar SRO refused to register the marriage under Tamilnadu marriage Act by siting one circular issued by Inspector General of Registration Chennai.

In that circular , It was mentioned That " Tamilnadu marriage Act enacted to register the Marriages of Indian national only . So marriages solemnized between two Indian nationals only should register in this act. "

So the sub registrar refused to register this marriage under Tamilnadu marriage Act ? . So finally we registered under special marriage Act.
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Foreigner Marriage registration process in Chennai 5 months 3 weeks ago #120

Normal procedure in India rest of chennai is
Civil Marriage Procedure for Foreigners in India

The Special Marriage Act of 1954 has provision for civil marriages.

Marriage between an Indian and a foreign national is done under this act. The procedure for civil marriage is the same as a marriage under the Special Marriage Act.

All over India the registration proceduree will be like this.

Ø Notice of intended marriage must be filed with a Marriage Registrar in India.

Ø Notice must be published and objectors can send in their views within 30 days.

Ø At the end of 30 days, the Marriage Registrar performs the marriage.

This is applicable only if at least one partner is permanently and the other partner is temporarily residing in India.

In case one of the partners is in a foreign country, then a different procedure is to be followed.

Ø The partner residing in India must collect the ‘Marriage Notice’ from a Marriage Registration Office anywhere in India.

Ø After filling the form on his/her part, the person must send it to the partner in the foreign country to fill the form.

Ø The notice has to be received back in India after the bride and groom have filled their forms.

Ø The notice is resubmitted at the Marriage Registration Office.

Ø A certificate with the signature of the bride and groom, the registrar and the witnesses will be issued.

This certificate will be treated as a proof of the marriage while applying for visa to the foreign country.

In any case, it is required of the parties to wait for 30 days at least, from the date of initial application so that the Marriage Registrar can publish a newspaper ad to invite objections.

The following documents are required for both the partners:
1.Valid Passport

2.Original Birth Certificate mentioning parents' names

3.If the person concerned is widowed, the original death certificate of the deceased spouse

4.If divorced, copy of the final decree

5. Documentary evidence regarding stay in India of the parties for more than 30 days (Ration card or report from the concerned SHO)
6. Citizen of a foreign country may be required to submit a “No Objection Letter” from the Embassy or Consulate of his/her country, along with proof of termination of previous marriages (if applicable)
It will take minimum 30 to 45 days days to complete registration process.
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Foreign Marriage rules in Tamilnadu 5 months 3 weeks ago #121

Tamilnadu Foreign Marriage Rules, 1970

MINISTRY OF EXTERNAL AFFAIRS

New Delhi, the 19th August 1970

G.S.R. 1274..In exercise of the powers conferred by section 28 of the Foreign Marriage Act, 1969 (33 of 1969) and in super session of the Special Marriage (Diplomatic and Consular Officers) Rules, 1955, published with the notification of the Government of India in the Ministry of External Affairs No. S.R.O. 1679, dated the 29th July, 1955, the Central Government hereby makes the following rules, namely.

1. Short Title..These rules may be called the Foreign Marriage Rules, 1970.

2. Definitions..In these rules, unless the context otherwise requires-

(a) "Act" means the Foreign Marriage Act, 1969 (33 of 1969) ;

(b) "form" means a form appended to these rules ;

(c) "Marriage Officer" means a person appointed under section 3 of the Act to be a Marriage Office;

(d) "section" means a section of the Act.

3. Particulars regarding Name, etc., of Marriage Officer to be Displayed in his Office Building..Every Marriage Officer shall arrange to have his name, designation and the working hours of his office to be written in English, Hindi and the language of the country, place or area in which he functions as such, and displayed in a conspicuous part of the building in which his office is situated.

4. Notice of Intended Marriage..(1) When a marriage is intended to be solemnized under the Act by or before a Marriage Officer, the parties to the intended marriage shall give notice thereof in writing in the form specified in the first Schedule to the Act to such Officer either in person or by registered post.

(2) The notice shall be accompanied by a statement containing the following particulars :-

(i) Present addresses of the parents of the parties to the intended marriage.

(ii) Name or names of the country or countries in which the parties are ordinarily resident.

(iii) State or States in India to which the parties or, as the case may be, the Indian party, to the marriage belong or belongs.

5. Payment of Fee..

(1) Where the notice is delivered in person, the fee prescribed therefor in rule 15 shall be paid in cash to the Marriage Officer.

(2) Where the notice is sent by registered post, the fee shall be remitted by money order at the remitter's expense and the receipt issued to the remitter by the post office through which the remittance is made shall be attached to the notice.

6. Procedure after Notice..

(1) As soon as the notice is received by the Marriage Officer, a distinctive serial number shall be entered on it and such number and the date of receipt of the notice shall be attested by the signature of the Marriage Officer.

(2) If the notice is in conformity with the requirements of the Act, it shall be entered in the Marriage Notice Book which shall be a bound volume, the pages of which are machine numbered consecutively with a normal index attached.

(3) If the notice is not in conformity with the requirements of the Act, it shall be got rectified by the parties if they are present, or returned to them by post for rectification and retransmission within a date to be fixed for this purpose, if they are not present.

(4) The Marriage Officer shall have every item of rectification attested by both the parties.

7. Publication of Notice..The Marriage Officer shall cause the notice to be published:.

(a) by affixing a true copy thereof under his seal and signature to some conspicuous place in his office ;

(b) by serving, personally, or by registered post acknowledgement due true copies thereof under his seal and signature on the parents of the parties to the marriage ; and

(c) by publishing it in a newspaper having circulation,-

(i) in the State or States in India to which the parties or, as the case may be, the Indian party, to the marriage belong or belongs; and

(ii) in the country or countries in which the parties are ordinarily resident.

8. Procedure for Inquiry into Objection..

(1) If any objection to the solemnization of the intended marriage together with the fee prescribed therefor in rule (5) is received by the Marriage Officer, he shall record the nature of the objection in his Marriage Notice Book and fix the date and time for inquiry into the objection and cause notice thereof to be served, personally or by registered post acknowledgement due, in Form I on the person.

(2) On the date so fixed or on any other date to which the inquiry may be adjourned, the Marriage Officer shall make an inquiry into the objection and record in his own hand in the manner prescribed in the Code of Civil Procedure 1908 (5 of 1908), the evidence given.

8A. Acknowledgement in case of Personal Service..Where a notice is personally served under rule 7 or rule 8, the person on whom such notice is served shall sign an acknowledgement of service of the notice.

9. Time and Place of Solemnization..The intended marriage may be solemnized any time during office hours of the Marriage Officer or at any other time convenient to him-

(a) at the official house of residence of the Marriage Officer, or

(b) at the office in which the business of the Marriage Officer is transacted, or

(c) at such other place within a reasonable distance from such official house or office as the Marriage Officer may in his discretion approve:

Provided that additional fees as specified in rule 15 shall be payable for the solemnization of any marriage at a place referred to in clause (c).

10. Manner of Registration of Marriages..Registration of a marriage under section. 17 shall be effected by the Marriage Officer by entering a certificate of the marriage in Form 11 in the Marriage Certificate Book.

11. Appeals to the Central Government..An appeal to the Central Government under sub-section (3) of section 11 or sub-section (4) of section 17 shall be in the form of a memorandum which shall be accompanied by a certified copy of :

(i) the notice of the intended marriage or, as the case may be, of the application for registration of the marriage ;

(ii) the statement of the reasons for which the Marriage Officer refused to solemnize or, as the case may be, register the marriage.

12. Language for Purposes of Section 24..The language for purposes of sub-clause (ii) of clause (b) of sub-section (1) of section 24 shall be English, Hindi or any other language approved by the Marriage Officer.

13. Transmission of copies of Entries in Marriage Records..The Marriage Officer shall send to the Secretary to the Government of India. Ministry of External Affairs, New Delhi, three true copies certified in Form III of all entries or corrections made by him in the Marriage Certificate Book at intervals of three months on, or as early as possible after, the 1st day of January, April, July and October in each year and one such copy shall be transmitted by the said Secretary to the Registrar-General or to each of the Registrars-General of Births, Deaths and Marriages of the State or States in India to which the parties to the marriage belong.

14. Form of Marriage Certificate Book..

(1) The Marriage Certificate Book shall be a bound volume. the pages of which are machine-numbered consecutively with a nominal index attached. Every marriage certificate entered therein during each calendar year shall be consecutively numbered and every authenticated copy of a certificate issued to the parties shall bear the number and date, month and year in which the certificate was entered.

(2) For the removal of doubts it is hereby provided that the Marriage Certificate Book maintained under the Special Marriage (Diplomatic and Consular Officer) Rules, 1955, may be continued to be used with necessary adaptations as the Marriage Certificate Book for the purposes of these rules and the Act.

15. Scale of fees..The following fees shall be levied by the Marriage Officers:-
Matters in respect of which a fee is liveable Amount of fee
Category Category
'A' 'B' countries countries
1 2 3
Rs. Rs.
(i) For every notice of an intended marriage . 120 80
Actual Actual
(ii) For publication of notice . . . . Charges Charges

Note : A suitable amount will be taken as an advance towards Cost of publication of notice in newspapers.

(iii) For receiving and possessing or dealing with an objects

(iv) For solemnizing a marriage . . . .

(v) For solemnizing a marriage at a place referred to in rule 9(c)

Note : This will be in addition to the fee referred to in item (iv) above.

(vi) For receiving notice of a caveat . . .

(vii) For certificate by Marriage Officer of notice having been given and posted up

(viii) For a certified copy of reasons recorded under section 11 or section 17 for refusal to solemnize or as the case may be for refusal to register, a marriage. .

(ix) For certified copy of an entry :

(a) in the Marriage Note Book .

(b) in the Marriage Certificate Book .

(x) For certification of a document referred to in sub-section (1) of section 24 .

(xi) For making a search :

(a) if the entry is of the current year . .

(b) if the entry relates to any previous year or years


Explanation..Category 'A' countries are :.

(a) all countries in North and South America ;

(b) all countries in Europe including U.S.S.R. ;

(c) all countries in West Asia and North Africa, excluding People's Democratic Republic of Yemen, Yemen Arab Republic, Sudan and Somalia ;

(d) Australia, New Zealand, Japan, Hong Kong, and Singapore.

Category "B" countries are :.

All other countries (excluding countries mentioned under Category "A").

FORM I
[See rule 8(1)]

Notice

Before the Marriage Officer. . . . . . . . . . . . . . . . . Place

In the matter of the Foreign Marriage Act, 1969 (33 of 1969).
and
In the matter of the intended marriage between

AB .
and . Give names and addresses
CD .

EF Person making the objection

To
..............................

Whereas notice of an intended marriage between A B and C D was received by the Marriage Officer ....................,

And whereas E F has preferred certain objections (set out overleaf) to the solemnization of the marriage;

And whereas the Marriage Officer will hold an inquiry into the matter of the said objections on the..........day of ........... 19........ at his office;

You are hereby required to be present at ...... a.m./p.m. on the said day together with all documents on which you rely and witnesses whom you may desire to be examined on your behalf.

Take notice that in default of your appearance at the time specified above on the aforesaid day the inquiry will be made, and the matter aforesaid decided, in your absence.

Given under my hand and seal
Station
Date
(Set out the objection on the reverse of this notice).

Signature
Marriage Officer
Seal

FORM II
(See rule 10)

Certificate of registration of marriage

I, E F, hereby certify that A B and C D* informed me in writing that he/she desires his/her marriage*/they desire their marriage to be registered. under section 17 of the Foreign Marriage Act, 1969 (33 of 1969) and that each of the parties to the said marriage, in my presence and in the presence of three witnesses who have signed hereunder, have declared that a ceremony of marriage has been performed between them and that they have been living together as husband and wife since the time of marriage, and the said marriage has this day of ................ 19 ............. been registered under this Act.

(Sd.) EF
Marriage Officer for ......

(Sd.) A B (Husband)
(Sd.) C D (Wife)

(Sd.) GH .
(Sd.) OS . Three witnesses.
(Sd.) KL .

Dated, the ........ day of ........ 19 ..........
________________________________
*Strike out whatever is inapplicable.

FORM III
(See rule 13)

Form of Certificate

Certified that the above entries
from the Marriage Certificate Book in this office bearing serial number ...... are true copies of all the entries and corrections in the Marriage Certificate Book kept by me during the three months ending .................

Signature
Marriage Officer.
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Foreign Marriage Act in Tamilnadu 5 months 3 weeks ago #122

All over Tamilnadu the THE FOREIGN MARRIAGE ACT, 1969 will apply to register the marriage of foreign national in India

Central Government Act
The Foreign Marriage Act, 1969
THE FOREIGN MARRIAGE ACT, 1969

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 meanings as in the Special Marriage Act, 1954 (43 of 1954);
(b) "district", in relation to a Marriage Officer, means the area within which the duties of his offer are to be discharged;
(c) "foreign country" means a country or place outside India, and includes a ship which is for the time being in the territorial waters of such a country or place;
(d) "Marriage Officer" means a person appointed under section 3 to be a Marriage Officer;
(e) "official house", in relation to a Marriage Officer, means—
(i) the official house of residence of the officer;
(ii) the office in which the business of the officer is transacted;
(iii) a prescribed place; and
(f) "prescribed" means prescribed by rules made under this Act.
3. Marriage Officers.—For the purposes of this Act, the Central Government may, by notification in the Official Gazette, appoint such of its diplomatic or consular officers as it may think fit to be Marriage Officers for any foreign country. Explanation.—In this section, "diplomatic officer" means an ambassador, envoy, minister, high commissioner, commissioner, charge d' affairs or other diplomatic representative or a counsellor or secretary of an embassy, legation or high commission.
4. Conditions relating to solemnization of foreign marriages.—A marriage between parties one of whom at least is a citizen of India may be solemnized under this Act by or before a Marriage Officer in a foreign country, if, at the time of the marriage, the following conditions are fulfilled, namely:—
(a) neither party has a spouse living,
(b) neither party is an idiot or a lunatic,
(c) the bridegroom has completed the age of twenty one years and the bride the age of eighteen years at the time of the marriage, and
(d) the parties are not within the degrees of prohibited relationship: Provided that where the personal law or a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degree of prohibited relationship.
5. Notice of intended marriage.—When a marriage is intended to be solemnized under this Act, the parties to the marriage shall give notice thereof in writing in the form specified in the First Schedule to the Marriage Officer of the district in which at least one of the parties to the marriage has resided for a 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.
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
(b) in India and in the country or countries in which the parties are ordinarily resident, in the prescribed manner.
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 sub-section, 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 objections; and the Marriage Officer shall record the nature of the objection in his Marriage Notice Book.
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.
11. Marriage not to be in contravention of local laws.—
(1) The Marriage Officer may, for reason 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 the 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.
12. Declaration by parties and witnesses.—Before the marriage is solemnized, the parties and three witnesses shall, in 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.
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 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.
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.
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.
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 atleast was a citizen of India; and
(b) a party to the marriage informs the Marriage Officer in writing that he or she desires the marriage to be registered under the 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.
(6) A marriage registered under this section shall, as from the date of registration, be deemed to have been solemnized under this Act.
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 sub-section, section 24 of the Special Marriage Act, 1954 (43 of 1954) shall be subject to the following modifications, namely:—
(i) 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
(ii) 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 contained 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—
(i) the parties to the marriage are domiciled in India at the time of the presentation of the petition; or
(ii) 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—
(i) the parties to the marriage are domiciled in India at the time of the presentation of the petition; or
(ii) 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—
(i) either of the parties to the marriage is domiciled in India at the time of the presentation of the petition; or
(ii) 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.
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, 1860 (45 of 1860) and the marriage so contracted shall be void.
(2) The provisions of sub-section (1) apply also to any such offence committed by any citizen of India without and beyond India.
20. Punishment for contravention of certain other conditions for marriage.—Any citizen of India who procures a marriage of himself or herself 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 the 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 fifteen days 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 procuring a marriage, intentionally—
(a) where a declaration is required by this Act, makes a false declaration; or
(b) 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.
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.
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
(b) a party to the marriage who is such citizen produces to a Marriage Officer in the country in which the marriage was solemnized—
(i) a copy of the entry in respect of the marriage in the marriage register of that country certified by the appropriate authority in that country to be a true copy of that entry; and
(ii) if the copy of that entry is not in the English language, a translation into the prescribed language of that copy; and
(c) the Marriage Officer is satisfied that the copy of the entry in the marriage register is a true copy and that the translation, if any, is a true translation, the Marriage Officer, upon the payment of the prescribed fee, shall certify upon the copy that he is satisfied that the copy is a true copy of the entry in the marriage register and upon the translation that he is satisfied that the translation is a true translation of the copy and shall issue the copy and the translation to the said party.
(2) A document relating to a marriage in a foreign country issued under sub-section (1) shall be admitted in evidence in any proceedings as if it were a certificate duly issued by the appropriate authority of that country.
25. Certified copy of entries to be evidences.—Every certified copy purporting to be signed by the Marriage Officer of an entry of a marriage in the Marriage Certificate Book shall be received in evidence without production or proof of the original.
26. Correction of errors.—
(1) Any Marriage Officer who discovers any error in the form or substance of any entry in the Marriage Certificate Book may, within one month next after the discovery of such error, in the presence of the persons, married or, in case of their death or absence, in the presence of two other witnesses, correct the error by entry in the margin without any alteration of the original entry and add thereto the date of such correction.
(2) Every correction made under this section shall be attested by the witnesses in whose presence it was made.
27. Act not to affect validity of marriages outside it.—Nothing in this Act shall in any way affect the validity of a marriage solemnized in a foreign country otherwise than under this Act.
28. Power to make rules.—
(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the duties and powers of Marriage Officers and their districts;
(b) the manner in which a Marriage Officer may hold any inquiry under this Act;
(c) the manner in which notices of marriage shall be published;
(d) the places in which and the hours between which marriages under this Act may be solemnized;
(e) the form and the manner in which any books required by or under this Act to be kept shall be maintained;
(f) the form and manner in which certificates of marriages may be entered under sub-section (5) of section 17;
(g) the fees that may be levied for the performance of any duty imposed upon a Marriage Officer under this Act;
(h) the authorities to which, the form in which and the intervals within which copies of entries in the Marriage Certificate Book shall be sent, and, when corrections are made in the Marriage Certificate Book, the manner in which Certificates of such corrections shall be sent to the authorities;
(i) the inspection of any books required to be kept under this Act and the furnishing of certified copies of entries therein;
(j) the manner in which and the conditions subject to which any marriage may be recognised under section 23;
(k) any other matter which may be, or requires to be, prescribed.
(3) Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or 1[in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid] both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
29. Amendment of Act 43 of 1954.—In the Special Marriage Act, 1954—
(a) in section 1, in sub-section (2) for the words "outside the said territories", the words "in the State of Jammu and Kashmir" shall be substituted;
(b) in section 2, clauses (a) and (c) shall be omitted;
(c) in section 3, for sub-section (2), the following sub-section shall be substituted, namely:— "(2) For the purposes of this Act, in its application to citizens of India domiciled in the territories to which this Act extends who are in the State of Jammu and Kashmir, the Central Government may, by notification in the Official Gazette, specify such officers of the Central Government as it may think fit to be the Marriage Officers for the State or any part thereof.";
(d) in section 4, for clause (e), the following clause shall be substituted, namely:— "(e) where the marriage is solemnized in the State of Jammu and Kashmir, both parties are citizens of India domiciled in the territories to which this Act extends.";
(e) in section 10, for the words "outside the territories to which this Act extends in respect of an intended marriage outside and said territories", the words "in the State of Jammu and Kashmir in respect of an intended marriage in the State" shall be substituted;
(f) in section 50, in sub-section (1), the words "diplomatic and consular officers and other" shall be omitted.
30. Repeal.—The Indian Foreign Marriage Act, 1903 (14 of 1903) is hereby repealed.
THE FOREIGN MARRIAGE ACT, 1969 THE FIRST SCHEDULE (See section 5) FORM OF NOTICE OF INTENDED MARRIAGE To The Marriage Officer, for………………….. We hereby give you notice that a marriage under the Foreign Marriage Act, 1969 is intended to be solemnized between us within three months from the date hereof. Name and Father's Name Condition Occupation Date of Birth Dwelling Place Permanent Dwelling Place and Present Dwelling Place if not permanent Length of residence in the present dwelling place A.B. Unmarried Widowed Divorcee C.D. Unmarried Widowed Divorcee Witness our hands, this………...............…. Day of……………....………20…… tc "Witness our hands, this………...............…. Day of……………....………20……" Sd. A.B. Sd. C.D. THE FOREIGN MARRIAGE ACT, 1969 THE SECOND SCHEDULE (See section 12) DECLARATION TO BE MADE BY THE BRIDEGROOM I. A.B., hereby declare as follows:— 1. I am at the present time unmarried (or a widower or a divorcee, as the case may be). 2. I have completed…………………… years of age. 3. I am not related to C.D. (the bride) within the degrees of prohibited relationship. 4. I am a citizen of……………….. 5. I am aware that, if any statement in this declaration is false, I am liable to imprisonment and also to fine. Sd. A.B. (the bridegroom) tc "" Declaration to be made by the bride I, C.D. hereby declare as follows:— 1. I am at the present time unmarried (or a widow, or a divorcee, as the case may be). 2. I have completed…………………… years of age. 3. I am not related to A.B. (the bridegroom) within the degrees of prohibited relationship. 4. I am a citizen of……................………….. 5. I am aware that, if any statement in this declaration is false, I am liable to imprisonment and also to fine. Sd. C.D. (the bride) Signed in our presence by the above named A.B. and C.D. So far as we are aware, there is no lawful impediment to the marriage. Sd. G.H. Sd. I.J. (Three witnesses.) Sd. K.L. (Countersigned) E.F. Marriage Officer Dated....................the………................……..day of……........………..20……. THE FOREIGN MARRIAGE ACT, 1969 THE THIRD SCHEDULE (See section 14) FORM OF CERTIFICATE OF MARRIAGE I, E.F., hereby certify that on the…………………..day of……………………19………. A.B. and C.D……………….†appeared before me and that the declaration required by section…… ‡of the Foreign Marriage Act, 1969, was duly made, and that a marriage under that Act was solemnized between them in my presence and in the presence of three witnesses who have signed hereunder. Sd. E.F. Marriage Officer. Sd. A.B. (bridegroom). Sd. C.D. (bride). Sd. G.H. Sd. I.J. (Three witnesses). Sd. K.L. Date the …………………….day of……………………..20……
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