The institution of marriage is governed by various personal laws in our country. The Foreign Marriage Act was enacted with an object to streamline the law with regard to the marriages in foreign country between Indian citizens or an Indian Citizen and a Foreign Citizen.
The Act protects the rights of such Indian citizens who get married to an Indian Citizen or a Foreign Citizen in foreign country. The Act governs marriages solemnized in foreign country with an Indian Citizen irrespective of their caste, religion, etc. Marriages solemnized under the Act should however not be contrary to the law of the land.
Applicability
The Act shall be applicable to the marriages solemnized between the following persons in the foreign country:
- An Indian Citizen and a Foreign Citizen.
Procedure/Steps of Getting Married by Virtue of Foreign Marriage Act
30 days prior Notice to Marriage Officer in such district wherein either party has resided for not less than 30 days.
- Notice to be published by the Marriage Officer.
- Objections, if any to be raised within 30 days of the date of publication. The parties cannot proceed with solemnization of marriage until such objection is withdrawn/resolved.]
- In case of no objections being raised the marriage shall be solemnized upon expiry of 30 days from the date of publication at the discretion of the Marriage Officer.
- In case the Marriage Officer refuses to register the marriage, the parties shall be at liberty to file an appeal with the Central Government within 30 days from the date of refusal.]
- Once the notice is given to the Marriage Officer, the marriage must be registered within six months from such date failing which a fresh notice ought to be submitted to the Marriage Officer for registration of marriage.
- At the time of registration of marriage, parties need to furnish a declaration which must be signed by three witnesses in the presence of the Marriage Officer and the said declaration must be countersigned by Marriage Officer.
Conditions of a Valid Marriage
Chapter II Section 4 of the Act provides for the conditions of a valid marriage. The said conditions are stated herein below:
- A marriage shall fall within the purview of the Act provided one of the persons in such marriage is an Indian citizen.
- The persons at the time of solemnization of marriage should not have any existing spouse or pre existing marriage.
- The parties to the marriage should be of sound mind and capable of taking decisions.
- The parties to such marriage should have attained the legal age to get married unless the customs allow otherwise. The groom must be twenty-one years and the bride should be eighteen years or above. The marriage shall be considered null and void in case the age criteria is not met with by the persons to such marriage.
- The parties to such marriage should not fall within the degree of prohibited relationship.
- Marriage should not be in contravention of local laws.
Relief to the Persons Governed by the Foreign Marriage Act
The Special Marriage Act, 1954 provides for the reliefs available to the parties registered under the Act. As such the aggrieved party can claim alimony and maintenance in terms of the provisions of the Special Marriage Act.
Special Marriage Act, 1954
The Special Marriage Act provides for solemnization of marriage between people from different religious backgrounds and castes. The Act, however, also provides for registration of marriage between two people from the same caste or religion if they do not wish to solemnize their marriage as per the norms of personal laws.
Marriages solemnized between interfaith couples can be registered under the Special Marriage Act. The marriages under the Special Marriage Act need to meet the pre-requisites as required for a valid marriage. The marriages registered under the said Act are court marriages and do not involve ceremonies or rituals.
Applicability
The Act shall be applicable to the marriages solemnized between the following persons in India:
- Persons belonging to two different religions.
- Persons belonging to two different castes.
- An Indian Citizen and a Foreign Citizen.
Difference Between Foreign Marriage Act and Special Marriage Act
The Foreign Marriage Act is applicable to marriages solemnized in foreign country whereas the Special Marriage Act is applicable to marriages solemnized in India.
The Foreign Marriage shall be applicable only when either or both of the parties are an Indian Citizen staying in foreign country and want to solemnize marriage in foreign country whereas in Special Marriage Act the parties must be residing in India and the marriage should be solemnized in India.
Conclusion
The Foreign Marriage Act provides for recognition of marriages solemnized in foreign country between two Indian citizens or an Indian Citizen and a Foreign Citizen. It provides for relief to be claimed by the aggrieved party as provided under the Special Marriage Act in case of any dispute. All the persons whose marriages are solemnized in foreign countries are covered by the Foreign Marriage Act irrespective of their caste or religion.
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