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NRIs marriage comes under the Foreign Marriage Act, 1969. It has some conditions and substantial steps to be followed when you are solemnizing marriage as a non-resident with a foreigner in the foreign country.
Marriage Officer
He is a diplomatic or consular officer in the foreign country to register marriage application of NRIs. The diplomatic officer means an ambassador, envoy, minister, high commissioner, commissioner charge-d’affaires or other diplomatic representative or a counsellor or secretary of an embassy, legation or high commission. The central government appoints this officer.
Conditions for Foreign Marriages
The foreign marriage should be solemnized while keeping these conditions into account:
- neither party has a spouse living,
- neither party is an idiot or a lunatic,
- the bridegroom is twenty-one years or plus and the bride is eighteen years of age at the time of the marriage
- the would-be spouses are not within the degrees of prohibited relationship
Notice of Intended Marriage
Under this Foreign Marriage Act, the would-be spouses shall send a notice in the writing in a form. It should clearly specify the First Schedule to the Marriage Officer of the district in which either of the parties resides for a period of not less than thirty days, preceding the date on which notice was sent.
Marriage Notice Book
This book is meant for the Marriage Officer who shall keep all intimation of foreign weddings under Section 5 in the record of his office. He shall also create & maintain a true copy of every such notice in a prescribed format for the purpose of investigation later. It does not require any fee to verify this record.
Once the notice is entered in the record books, its copy shall be published under Section 5. The officer shall publish its copy:
- In his own office at a visible place
- In India & foreign where a party ordinarily lives as a resident in a requisite manner
If there is any objection
Either of the party can contravene or breach one or more of the conditions mentioned in Section 4. But, this should be done before the expiry of thirty days from the date of publication of the notice, according to Section 7. This can happen
- When the publication of the notice under clause (a) of Section 7 differs from the prescribed manner of clause (b), the period of thirty days shall be counted from the latter date.
- Every such objection shall be accepted in writing, signed by the person who has made it. The one who has power of attorney to sign on his behalf shall share the ground of objection. His objection shall be registered in the Marriage Notice Book.
If there is no objection
If yours is this case and nobody shows objections within the stipulated period as mentioned in Section 8 in an intended marriage, the NRIs can tie a knot.
Grounds to Deny Marriage Registration
It can happen if your marriage conflicts with local laws. The officers can deny registering it on these grounds:
- If the intended marriage is prohibited under this Act by any law of the foreign country where it is to be solemnized.
- If he finds that solemnization of this marriage would be inconsistent with the international law or a threat to comity of nations.
- If either party refuses to get married under this section, any party can urge the Central government in a prescribed manner within a stipulated period of thirty days from the date of such refusal. The officer shall have conformity with the central government’s decision on it.
Declaration by Three Witnesses
The declaration requires three witnesses each from the parties. The officer shall witness the event wherein the parties sign a declaration form as per specified Second Schedule. Thereafter, the officer shall counter attest it.
Certificate of Marriage
Upon tying the knot, the marriage officer shall register it in the form specified in the 3rd Schedule in the marriage certificate book. Each party shall sign it together with the three witnesses.
As the entry is made, the certificate of marriage shall be recognised as a conclusive evidence of the marriage under this Act.
