Chapter V
PENALTIES
19. Punishment for bigamy.
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 (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.
20. Punishment for contravention of certain other conditions for marriage.—Any citizen of India who procures a marriage of himself or herself to 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 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 one month, or with fine which may extend to one thousand rupees, or with both.
21. Punishment for false declaration.
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.
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 the 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.
Chapter VI
MISCELLANEOUS
23. Recognition of marriages solemnized under law of other countries.
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.
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 transalation, 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 evidence.
25. Certified copy of entries to be evidence.—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.
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.
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.
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Other Contents of Foreign Marriage Act, 1969 |
28. Power to make rules.
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 recognized under Section 23;
(k) any other matter 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[i] [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.
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 purpose 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 the 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 others” shall be omitted.
30. Repeal.
30. Repeal.—The Indian Foreign Marriage Act, 1903 (14 of 1903), is hereby repealed.
The First Schedule
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:
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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 |
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A.B. |
Unmarried |
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Widower |
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Divorcee |
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C.D. |
Unmarried |
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Widower |
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Witness our hands, this . . . . . . .day of . . . . . . . . . . . .,
19 . . . . . . . . . . . . . .
Sd. A.B.
Sd. C.D.
The Second Schedule
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 . . . . . . . .
(to be filled up)
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)
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 . . . . . . . . . . . .
(to be filled up)
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.
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Sd. G.H. |
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Sd. I.J. |
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Three witnesses. |
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Sd. K.L. |
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(Countersigned) E.F.
Marriage Officer
Dated the . . . . . . . . . . day of . . . . . . . . . 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Third Schedule
THE THIRD SCHEDULE
(See Section 14)
Form of certificate of marriage
I, E.F., hereby certify that on the . . . . . . day of . . . . ., 20 . . . . . 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.
Dated the . . . . . . day of . . . . . .20 . . . . .
*Herein give particulars of the parties.
** To be entered.
References
[i] Substituted by Act 20 of 1983, S. 2 and Schedule (w.e.f. 15-3-1984).
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