Foreign Marriage Act, 1969 and Marriages Abroad

The Special Marriage Act governs civil marriages in India. For Indian citizens who wish to marry abroad, Parliament enacted the Foreign Marriage Act, 1969, which allows a marriage to be solemnized before an Indian diplomatic or consular officer in a foreign country, and allows marriages solemnized under foreign law to be registered. It borrows heavily from the Special Marriage Act, including its matrimonial remedies. This note covers the Act, its relationship with the Special Marriage Act, and issues in marriages involving non-resident Indians.

1. Solemnization Abroad

Figure 1: The Foreign Marriage Act in outline

• Scope, s.4. A marriage between parties of whom at least one is a citizen of India may be solemnized under the Act by or before a Marriage Officer in a foreign country.
• Conditions, s.4. Neither party has a spouse living; neither is an idiot or a lunatic; the bridegroom has completed 21 and the bride 18 years; and the parties are not within the prohibited degrees, unless the personal law or custom of at least one of them permits the marriage.
• Notice and objection. Notice to the Marriage Officer of the district where at least one party has resided for 30 days; objections within 30 days on s.4 grounds; doubtful cases are referred to the Central Government.
• Refusal, s.11. The Marriage Officer may refuse if the marriage would be inconsistent with international law or the comity of nations, or forbidden by the local law; an appeal lies to the Central Government.
• Solemnization and certificate. Before the Marriage Officer and three witnesses, at his official house; the certificate in the Marriage Certificate Book is conclusive evidence.

2. Registration and Relief

Figure 2: The two civil marriage Acts compared

• Registration, s.17. A marriage solemnized abroad under the local law, where at least one party is an Indian citizen, may be registered by the Marriage Officer if the conditions of s.4 are met; it is then deemed solemnized under the Act.
• Matrimonial relief, s.18. The provisions of Chapters IV, V, VI and VII of the Special Marriage Act apply to marriages under the Foreign Marriage Act. Petitions lie in India, subject to the forum and domicile or residence conditions in s.18.
• Offences. Bigamy by a person married under the Act is punishable under the bigamy provisions of the penal law, and the later marriage is void; breach of the age or prohibited degrees conditions by an Indian citizen is separately punishable.
• Recognition and saving. The Central Government may notify foreign marriage laws similar to the Act for recognition (s.23), and the Act does not affect the validity of marriages solemnized abroad otherwise than under it (s.27)

3. Marriages Involving Non-Resident Indians

• Y. Narasimha Rao v Y. Venkata Lakshmi (1991). A foreign divorce decree is recognised in India under s.13 of the CPC only if granted by a court of competent jurisdiction on a ground available under the law under which the parties married, and with the respondent's genuine participation or consent.
• Law Commission, 287th Report (2024). On matrimonial issues relating to non-resident Indians and overseas citizens, it recommended a comprehensive law, including compulsory registration of such marriages in India.

4. Frequently Asked Questions

Can two Indian citizens marry before an Indian consulate abroad?

Yes. Under the Foreign Marriage Act, 1969, a marriage between parties of whom at least one is an Indian citizen may be solemnized by or before a Marriage Officer, being a notified diplomatic or consular officer, in a foreign country, if the conditions of s.4 are met.

Which law governs divorce for a marriage under the Foreign Marriage Act?

The Special Marriage Act. Section 18 of the Foreign Marriage Act applies Chapters IV, V, VI and VII of the Special Marriage Act, covering consequences, restitution, judicial separation, nullity, divorce and procedure.

5. Related Topics

• Topic 1: Nature, Object and Scheme of the Act. Civil marriage in India.
• Topic 15: Grounds for Divorce, Section 27(1). The grounds that apply.