An Act to make arrangement identifying with relational unions of subjects of India outside India. BE it sanctioned by Parliament in the Twentieth Year of the Republic of India as takes after
Fundamental of NRI Court Marriage in Ghaziabad
1. Short title:
This Act might be known as the Foreign Marriage Act, 1969.
In this Act, except if the setting generally requires;
(a) “degrees of disallowed relationship” will have indistinguishable implications from in the Special Marriage Act, 1954 (43 of 1954);
(b) “region “, in connection to a Marriage Officer, implies the region inside which the obligations of his office are to be released;
(c) “remote nation ” implies a nation or place outside India, and incorporates a ship which is until further notice in the regional waters of such a nation or place;
(d) “Marriage Officer” implies a man designated under Section 3 to be a Marriage Officer;
(e) “official house”, in connection to a Marriage Officer, implies –
(I) the official house or the home of the officer
(ii) the workplace in which the matter of the officer is executed;
(iii) an endorsed put; and
(f) “endorsed” implies recommended by rules made under this Act.
3. Marriage Officers:
For the reasons for this Act, the Central Government may, by Notification in the Official Gazette, delegate such of its conciliatory or Consular Officers as it might think fit to be Marriage Officer for any outside nation.
Clarification.- In this Section, `diplomatic officer’ implies a representative, agent, high official, magistrate, charged undertakings or other conciliatory delegate or an advisor or secretary of a consulate, legation or high commission.
4. Conditions identifying with solemnization of remote relational unions:
A marriage between parties one of whom at any rate is a national of India might be solemnized under this Act by or before a Marriage Officer in an outside nation, if, at the season of the marriage, the accompanying conditions are satisfied, specifically:-
(a) neither one of the parties has a companion living,
(b) neither one of the parties is an imbecile or a crazy person,
(c) the husband has finished the age of twenty one years and the lady of the hour the age of eighteen years at the season of the marriage, and
(d) the gatherings are not inside the degrees of disallowed relationship :
Given that where the individual law or a custom administering somewhere around one of the gatherings of a marriage between them, such marriage might be solemnized, despite that they are degrees of disallowed relationship.
5. Notice of expected marriage:
At the point when a marriage is expected to be solemnized under this Act, the gatherings to the marriage will pull out thereof in writing in the shape indicated in the First Schedule to the Marriage Officer of the area in which somewhere around one of the gatherings to the marriage has lived for a time of at least thirty days quickly going before the date on which such notice is given, and the notice will express that the gathering has so dwelled.
6. Marriage Notice Book:
The Marriage Officer will keep all notification given under Section 5 with the records of his office and will likewise forthwith enter a genuine duplicate of each such notice in a book endorsed for that reason, to be known as the “Marriage Notice Book”, and such book will be open for examination at all sensible occasions, without expense, by any individual burning of reviewing the same.
7. Distribution of notice:
Where a notice under Section 5 is given to the Marriage Officer, he will make it be distributed;
(an) in his own particular office, by fastening a duplicate thereof to an obvious place, and
(b) in India and in the nation or nations in which the gatherings are conventionally inhabitant, in the recommended way.
8. Protest to marriage:
(1) Any individual may, before the termination of thirty days from the date of distribution of the notice under Section 7, protest the marriage on the ground that it would contradict at least one of the conditions indicated in Section 4.
Clarification – Where the production of the notice by appendage under condition (an) of Section 7 and in the recommended way under proviso (b) of that area is on various dates, the time of thirty days will, for the reasons for this sub-segment, be registered from the later date.
(2) Every such protest will be in composing marked by the individual making it or by any individual properly approved to sign for his sake and will express the ground of complaints, and the Marriage Officer will record the idea of the protest in his Marriage Notice Book.
9. Solemnization of marriage where no protest made:
In the event that a protest is made inside the period indicated in Section 8 to an expected marriage, at that point, on the expiry of that period, the marriage might be solemnized.
10. Strategy on receipt of a complaint:
(1) If a protest is made under Section 8 to an expected marriage, the Marriage Officer will not solemnize the marriage until the point that he has asked into the matter of the complaint in such way as he supposes fit and is fulfilled that it should not to keep the solemnization of the marriage if the complaint is pulled back by the individual making it.
(2) Where a Marriage Officer in the wake of making any such request engages an uncertainty in regard of any complaint, he will transmit the record with such articulation regarding the issue as he supposes fit to the Central Government; and the Central Government, subsequent to making such further investigation into the issue and in the wake of acquiring such guidance as it supposes fit, will give its choice consequently in keeping in touch with the Marriage Officer, who will act incongruity with the choice of the Central Government.
11. Marriage not to be in negation of nearby laws:
(1) The Marriage Officer may, for motivations to be recorded in composing, decline to solemnize a marriage under this Act if the planned marriage is restricted by any law in compel in the outside nation where it is to be solemnized.
(2) The Marriage Officer may, for motivations to be recorded in composing, decline to solemnize a marriage under this Act on the ground that as he would like to think, the solemnization of the marriage would be conflicting with the global law or the comity of countries.
(3) Where a Marriage Officer declines to solemnize a marriage under this area, any gathering to the expected marriage may speak to the Central Government in the endorsed way inside a time of thirty days from the date of such refusal; and the Marriage officer will act incongruity with the choice of the Central Government on such interest.
12. Presentation by gatherings and witnesses:
Before the marriage is solemnized, the gatherings and three witnesses will, within the sight of the Marriage Officer, sign an announcement in the shape determined in the Second Schedule, and the affirmation will be countersigned by the Marriage Officer.
13. Place and shape on solemnization:
(1) A marriage by or before a Marriage Officer under this demonstration will be solemnized at the official place of the marriage Officer with open entryways between the endorsed hours within the sight of something like three witnesses.
(2) The marriage might be solemnized in any frame which the gatherings may receive:
Given that it will not be finished and official on the gatherings except if each gathering pronounces to other within the sight of the Marriage Officer and the three witnesses and in any dialect comprehended by the gatherings, – “I, (A) take (B), to be my legal spouse (or husband)”:
Given further that where the assertion alluded to in the first stipulation is made in any dialect which isn’t comprehended by the Marriage Officer or by any of the witnesses, both of the gatherings will decipher or cause to be translated the revelation in a dialect which the Marriage Officer, or, by and large, such witness gets it.
14. Testament of marriage:
(1) Whenever a marriage is solemnized under this Act, the Marriage Officer will enter a testament thereof in the shape determined in the Third Schedule in a book to be kept by him for that reason and to be known as the Marriage Certificate Book, and such declaration will be marked by the gatherings to the marriage and the three witnesses.
(2) On a testament being entered in the Marriage Certificate Book by the Marriage Officer, the authentication will be considered to be decisive confirmation of the way that a marriage under this Act has been solemnized, and that all customs regarding the living arrangement of the gathering concerned past to the marriage and the marks of witnesses have been followed.
15. The Legitimacy of outside relational unions in India:
Subject to alternate Provisions contained in this Act, a marriage solemnized in the way gave in this Act will be great and substantial in law.
16. New notice when marriage not solemnized inside a half year is:
At whatever point a marriage isn’t solemnized inside a half year from the date on which see thereof has been given to the Marriage Office 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 interest has been alluded to the Central Government under Section 11, inside three months from the date of choice of the Central Government in such case or bid, all things considered, the notice and every single other continuing emerging accordingly will be regarded to have slipped by, and no Marriage Officer will solemnize the marriage until the point when new notice has been given in the way set down in this Act.