With the growing Indian Expatriate community and the rise in overseas marriages, the number of matrimonial disputes in such unions has also increased, in some cases disproportionately. Marriages involving Overseas Indians face similar challenges as any other marriage but are further complicated by the involvement of multiple legal systems. These marriages are not only subject to Indian laws but also governed by complex private international law, incorporating the legal framework of the foreign country. The risks are heightened, particularly for women, as they may find themselves isolated in an unfamiliar country, facing language barriers, unfamiliarity with local laws and law enforcement, and a lack of financial resources, family support, or a safe place to turn to in times of distress. Overseas Indians typically include Indian citizens who have relocated for education or employment, as well as foreign nationals of Indian descent.

Overseas Indians often seek to marry Resident Indians due to shared cultural backgrounds and traditional Indian values. However, without adequate precautions and thorough fact-checking, differences in expectations may arise, resulting in strained or unsuccessful marriages. Such situations may manifest:

1. Spousal abandonment for various reasons

2. Incidents of domestic violence

3. Involvement in extra-marital affairs

4. Delays in obtaining visas or immigration approvals

5. Ex-parte divorce proceedings

And that is why we need to understand the Validity and registration of foreign marriages in India through this blog post.

Foreign Marriage Act, 1969

The Foreign Marriage Act, 1969 (for brevity, FMA1969) governs the marriage of Indian citizens abroad, ensuring legal recognition in India. It mandates compliance with Indian marriage laws, requires solemnization before a designated Marriage Officer at an Indian embassy or consulate, and includes a 30-day notice period for objections. Once registered, the marriage holds legal validity under Indian law, including the Special Marriage Act, 1954. The Act provides a clear legal framework to safeguard the legitimacy of overseas marriages. Under this Act, a marriage between Indian citizens abroad is considered valid and recognized in India if it meets the following conditions:

1. Neither party should have a living spouse at the time of marriage.

2. The bride must be at least 18 years old, and the groom must be 21 years old.

3. Both parties must give their voluntary consent, free from coercion, fraud, or mental incapacity.

4. The couple must not fall under the prohibited degrees of relationship, unless their personal laws permit such a marriage.

5. The marriage must adhere to the legal provisions of Indian marriage laws, including the Special Marriage Act, 1954, if applicable.

Procedure For Marriage Registration under FMA,1969

The Act provides a legal procedure for Indian citizens marrying abroad. The process involves the following steps:

1. Notice of Intended Marriage

   • The couple must submit a written notice of their intent to marry to the Marriage Officer at the Indian embassy or consulate in the country where the marriage is to be solemnized.

   • At least one of the parties must be an Indian citizen.

2. Publication & Waiting Period

   • The Marriage Officer publishes the notice and allows a 30-day objection period for anyone to contest the marriage on legal grounds.

   • If no valid objections are raised, the process proceeds.

3. Solemnization of Marriage

   • After the waiting period, the marriage is solemnized at the embassy/consulate before the Marriage Officer and three witnesses.

   • The couple must meet the legal requirements for marriage, including age, mental soundness, and monogamy.

4. Marriage Registration & Certificate

   • Once the marriage is solemnized, it is officially registered under the FMA.

   • A Marriage Certificate is issued, which is legally recognized in India.

Relief For Aggrieved Person Under Foreign Marriage Act

The Special Marriage Act, 1954 allows individuals from different religions and castes to legally solemnize their marriage. Additionally, it provides a legal framework for couples from the same religion or caste who prefer not to marry under personal laws. Interfaith marriages can be registered under this Act, provided they fulfill the necessary conditions for a valid marriage, being the same as in FMA, 1969. Marriages under the Special Marriage Act are court marriages, meaning they do not require traditional ceremonies or rituals and are legally recognized through official registration. It outlines the reliefs available to parties registered under the Act, allowing the aggrieved party to seek alimony and maintenance as per the provisions of the Special Marriage Act. The Special Marriage Act, 1954 applies to:

1. Interfaith and Inter-Caste Marriages

2. Indian Citizens

3. Indian-Foreign National Marriages

4. Marriage Registration (registered marriages under FMA1969)

5. Enforced across India, including Union Territories, and applies to NRIs & OCIs.

6. Divorce & Legal Separation

Difference between Foreign Marriage Act and Special Marriage Act?

The FMA and the Special Marriage Act differ in their applicability based on jurisdiction and parties involved. The Foreign Marriage Act governs marriages of Indian citizens abroad, requiring at least one party to be an Indian citizen, and the marriage is solemnized before a designated Marriage Officer at an Indian embassy or consulate. While both Acts ensure legal recognition and enforceability of marriages in India, the Foreign Marriage Act is specific to overseas marriages, whereas the Special Marriage Act governs marriages within India, including those involving foreign nationals.

The Foreign Marriage Act, governs marriages of Indian citizens abroad, while the Special Marriage Act, applies to civil marriages in India, including interfaith and international unions. Both Acts ensure legal recognition, protecting spouses' rights in matters like maintenance, divorce, and inheritance, making marriages enforceable under Indian law. The persons aggrieved from FMA find relief under The Special Marriage Act. The procedure for registration is although clearly stated, the provision for inviting objections over a window of 30 days, expose such vulnerable marriages to societal acceptance, violating their freedom to marry a person of any nationality. Such a provision requires reconsideration by the legislature.