Sample Read
FOREIGN MARRIAGE ACT, 1969
7.
8. Objection
9.
10.
11.
12.
13.
14.
15.
CHAPTER III
REGISTRATION OF FOREIGN MARRIAGES SOLEMNIZED UNDER OTHER LAWS
17. Registration of foreign marriages 10
CHAPTER IV
MATRIMONIAL RELIEF IN RESPECT OF FOREIGN MARRIAGES
18. Matrimonial reliefs to be under Special Marriage Act, 1954 11
CHAPTER V
PENALTIES
19. Punishment for bigamy 15
20. Punishment for contravention of certain other conditions for marriage 15
21. Punishment for false declaration 16
22. Punishment for wrongful action of Marriage Officer 17
CHAPTER VI
MISCELLANEOUS
23. Recognition of marriages solemnized under law of other countries 17
24. Certification of documents of marriages solemnized in accordance with local law in a foreign country 18
25. Certified copy of entries to be evidence 19
26. Correction of errors 20
27. Act not to affect validity of marriages outside it 20
28. Power to make rules 21
29. Amendment of Act 43 of 1954 22
30. Repeal 22
FIRST SCHEDULE: Form of notice of intended marriage 22
SECOND SCHEDULE: Declaration to be made by the bridegroom 23
THIRD SCHEDULE: Form of certificate of marriage 24
SUBJECT INDEX 25
FOREIGN MARRIAGE RULES, 1970
1. Short title 27
2. Definitions 27
3. Particulars regarding name, etc, of Marriage Officer to be displayed in his office building 27
4. Notice of intended marriage 27
5. Payment of fee 28
6. Procedure after notice 28
7. Publication of notice 28
8. Procedure for inquiry into objection 28
8A. Acknowledgement in case of personal service 29
9. Time and place of solemnisation 29
10. Manner of registration of marriages 29
11. Appeals to the Central Government 29
12. Language for purposes of section 24 29
13. Transmission of copies of entries in marriage records 29
14. Form of Marriage Certificate Book 30
15. Scale of fees 30
Foreign Marriage Act, 1969
[33 OF 1969]1
An Act to make provision relating to marriages of citizens of India outside India.
BE it enacted by Parliament in the Twentieth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
Short title.
1. This Act may be called the Foreign Marriage Act, 1969.
COMMENTS
SECTION NOTES
1.1 Legislative Naming Authority
This provision officially designates the Act as “The Foreign Marriage Act, 1969.” Definitions.
2. In this Act, unless the context otherwise requires,—
(a)“degrees of prohibited relationship” shall have the same meaning 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 office 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.
1.Dated 31-8-1969.
SECTION NOTES
2.1 District [Section 2(b)]
FOREIGN MARRIAGE ACT, 1969 2
COMMENTS
The district of a Marriage Officer is the geographical area assigned for the performance of their duties.
2.2 Foreign Country [Section 2(c)]
Encompasses all countries or locations outside India, extending to ships in the territorial waters of such countries.
2.3 Official House [Section 2(e)]
Broadly defines the locations associated with a Marriage Officer, including their residence, office, and any other prescribed place.
Marriage Officers.
3. 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.
CASE LAWS
COMMENTS
Appointment of Marriage Officer Abroad - Refusal to Solemnize Marriage Due to Lack of Officer - The Himachal Pradesh High Court dealt with a case where the Special Marriage Officer refused to solemnize the marriage of a German national and a Tibetan resident of India, citing the absence of a Marriage Officer in Germany as required under Section 6(3) of the Special Marriage Act, 1954. The Court held that the refusal without inquiry was improper, as the Central Government might have appointed diplomatic or consular officers as Marriage Officers under section 3 of the Foreign Marriage Act. The case was remanded with directions to refer the matter to the Central Government for confirmation or appointment of a Marriage Officer in Germany. — Marian Eva v. State of H.P AIR 1993 Himachal Pradesh 7.
CHAPTER II
SOLEMNIZATION OF FOREIGN MARRIAGES
Conditions relating to solemnization of foreign marriages.
4. 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, S. 4
3
FOREIGN MARRIAGE ACT, 1969 S. 5
(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 degrees of prohibited relationship.
COMMENTS
SECTION NOTES
4.1 Applicability to Indian Citizens Abroad
At least one party to the marriage must be a citizen of India.
4.2 Mandatory Conditions for Validity
Monogamy [Clause (a)]: Both parties must not have a living spouse at the time of marriage.
Mental Capacity [Clause (b)]: Neither party should be of unsound mind (idiot or lunatic).
Minimum Age [Clause (c)]: The bridegroom must be at least 21 years old and the bride at least 18 years old.
Prohibited Relationships [Clause (d)]: The parties must not be within prohibited degrees of relationship, safeguarding against marriages barred by cultural and legal norms.
4.3 Exception to Prohibited Relationships
If the personal law or custom applicable to either party allows marriage within prohibited degrees of relationship, such marriage is permitted.
4.4 Compliance by the Marriage Officer
It is the Marriage Officer’s duty to ensure that all the stipulated conditions are met before solemnizing the marriage.
Notice of intended marriage.
5. 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.
COMMENTS
SECTION NOTES
5.1 Requirement for Written Notice
Parties intending to marry under the Act must provide a written notice to the Marriage Officer, specifying their intent to solemnize the marriage.
Foreign Marriage Act 1969 with Foreign Marriage Rules 1970 –Bare Act with Section Notes
AUTHOR : Taxmann’s Editorial Board
PUBLISHER : Taxmann
DATE OF PUBLICATION : January 2026
EDITION : 2026 Edition
ISBN NO : 9789371267847
No. of Pages : 40
BINDING TYPE : Paperback
Rs. 95
DESCRIPTION
Foreign Marriage Act 1969 with Foreign Marriage Rules 1970 [Bare Act with Section Notes] by Taxmann is an authoritative statutory publication that presents the complete legal framework governing marriages of Indian citizens solemnised or registered outside India. The 2026 Edition reproduces the bare text of the Act and the Rules, supported by concise section-wise explanatory notes that clarify the scope, operation, and practical application of the law. The book provides structured guidance on key procedures such as notice of intended marriage, solemnisation before a Marriage Officer, objections and inquiries, registration of marriages solemnised under foreign laws, certification of marriage documents, matrimonial relief, and penal provisions, making it a dependable reference for cross-border marriage matters. This book is intended for the following audience:
• Advocates and Matrimonial Lawyers
• Judicial Officers and Court Staff
• Indian Diplomatic & Consular Officials
• Government Authorities & Registrars
• Indian Citizens Abroad (NRIs/OCIs)
• Law Students and Academicians
• Compliance and Immigration Professionals
The Present Publication is the 2026 Edition, covering the amended and updated text of the Foreign Marriage Act [Act No. 33 of 1969] and Rules, with the following noteworthy features:
• [Bare Act Text] Complete and authentic text of the Foreign Marriage Act 1969 and the Foreign Marriage Rules 1970
• [Up-to-Date] Incorporates amendments, notifications, and statutory changes relevant up to the 2026 Edition
• [Pre-amendment Provisions] Earlier versions of amended provisions are reproduced through amendment footnotes
• [Section Notes & Comments] Brief explanatory notes highlighting legislative intent, definitions, jurisdiction, and procedure
• [Case Law References] Select judicial decisions interpreting key provisions of the Act
• [User-friendly Layout] Numbered paragraphs, clear typography, and a detailed subject index
• [Forms & Schedules] Statutory notices, declarations, and certificates prescribed under the Act and Rules
• [Practical Insights] Coverage of appeals to the Central Government, applicability of the Special Marriage Act 1954, and penalties for non-compliance