Section 11 of The Foreign Marriage Act, 1969
Marriage not to be in contravention of local laws.
- (1)The Marriage Officer may, for reasons to be recorded in writing, refuse to solemnize a marriage under this Act if the intended marriage is prohibited by any law in force in the foreign country where it is to be solemnized.
- (2)The Marriage Officer may, for reasons to be recorded in writing, refuse to solemnize a marriage under this Act on the ground that in his opinion, the solemnization of the marriage would be inconsistent with international law or the comity of nations.
- (3)Where a Marriage Officer refuses to solemnize a marriage under this section, any party to the intended marriage 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.
Summary
- The Marriage Officer has the power to refuse to perform a marriage if it is banned by the local laws of the foreign country where they are located.
- The Officer can also refuse if they believe performing the marriage would conflict with international law or the comity of nations (mutual respect among countries).
- If the Officer refuses for either of these reasons, they must write down their specific reasons for doing so.
- If a marriage is refused, any party to the intended marriage has thirty days to appeal to the Central Government.
- The Central Government decides on the appeal, and the Marriage Officer must obey that decision.
Practical examples
FAQ
1. Do local laws in the foreign country affect a marriage under this Indian Act?
Yes, the Officer can refuse to solemnize the marriage if it is prohibited by the law in force in that foreign country.
2. Can the Officer just say no without giving a reason?
No, the Officer must record the reasons for the refusal in writing.
3. What can the couple do if the Officer refuses to marry them?
They can appeal to the Central Government within thirty days from the date of the refusal.
4. What is the comity of nations?
It is a legal concept where countries politely recognize and respect each other's laws and customs.
Test yourself
1.Under Section 11 of The Foreign Marriage Act, 1969, on what ground can a Marriage Officer refuse to solemnize a marriage?
2.Under Section 11 of The Foreign Marriage Act, 1969, to whom can a party appeal if the Marriage Officer refuses to solemnize their marriage?
3.Under Section 11 of The Foreign Marriage Act, 1969, how long do the parties have to file an appeal after a refusal?
4.Under Section 11 of The Foreign Marriage Act, 1969, what procedural step must the Marriage Officer take when refusing a marriage due to local laws or international law?