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Section-17 Registration of foreign marriages


Section-17 Registration of foreign marriages.-

(1) Where ---

(a) a Marriage Officer is satisfied that a marriage has been duly solemnized in a foreign country in accordance with the law of that country between parities of whom one at least was a citizen of India; and

(b) a party to the marriages informs the Marriage Officers writing that he or she desires the marriages to be registered the Marriage Officer may, upon payment of the prescribed fee register the marriage.

(2) No marriage shall be registered under the section unless at the time of registration it satisfies the conditions mentioned in section 4.

(3) The Marriages Officer may, for reasons to be recorded in writing, refuse to register a marriage under this section on the ground that in his opinion the marriage is inconsistent with international law or the country of nations.

(4) Where a Marriage Officers refuses to register a marriage under this section the party applying for registration may appeal to the Central Government in the prescribed manner within a period of thirty days from the date of such refusal ; and the Marriage Officer shall act in conformity with the decision of the Central Government on such appeal.

(5) Registration of a marriage under this section shall be effected by the Marriage Officer by entering a certificate of the marriage in the prescribed form and in the prescribed manner in the Marriage Certificate Book and such certificate shall be signed by the parties to the marriage and by three witnesses.

(6) A marriage registered under this section shall, as from the date of registration, be deemed too have solemnized under this Act.

Comment: Under the Special Marriage Act, 1954 read with Foreign Marriage Act, 1969 there is no prohibition of a marriage between an Indian and a foreign national: (1992) 24 DRJ 294

 

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