Foreign Marriage Act, 1969 Explained

Long Title:An Act to make provision relating to marriages of citizens of India outside India.
Citation:Act No. 33 of 1969
Enacted By:Parliament of India
Date Enacted:31 August 1969
Date Commenced:31 August 1969
Status:In Force

The Foreign Marriage Act, 1969 is an Act of the Parliament of India enacted on 31 August 1969.[1] It was enacted due to the recommendations of the Third Law Commission with the object of streamlining the law relating to recognition of marriages solemnized outside India between Indian citizens, or an Indian citizen and a foreign citizen.[2]

Purpose

The main purpose of the act was to recognise the marriage of citizens of India outside India.[3]

Judicial Review

Supriyo v. Union of India

See main article: Supriyo v. Union of India. The petition requested the Supreme Court to recognise the marriage between any two persons, regardless of gender identity and sexual orientation, and declare the notice and objection provisions as void, by enforcing the fundamental rights guaranteed under Articles 14, 15, 19 and 21 of the Indian Constitution.[4] [5]

In October 2020, Vaibhav Jain and Parag Vijay Mehta filed a petition in Delhi High Court and they were joined by other petitioners over the course of time. On 6 January 2023, their petitions were transferred to Supreme Court to be heard along with Supriyo v. Union of India (2023).[6] [7] Additionally, most of the petitioners challenged the notice and objection provisions of the Special Marriage Act of 1954 and the Foreign Marriage Act which hurt vulnerable minorities.

Notes and References

  1. Foreign Marriage Act. 31 August 1969. Parliament of India. https://ncwapps.nic.in/acts/TheForeignMarriageAct1969.pdf.
  2. Law of Foreign Marriages . . August 1962 . . 23 . 28 February 2023.
  3. Web site: The Foreign Marriage Act, 1969 . 28 February 2023 . indiankanoon.org.
  4. Web site: Deshwal . Puneet . 2023-02-20 . Supreme Court Issues Notice In Plea Seeking Recognition Of Transgender Persons Under Special Marriage Act 1954 . 2023-02-22 . www.verdictum.in . en.
  5. Web site: 2023-01-06 . Same-Sex Couples Already Vulnerable, Public Notice Of Intended Wedding Under Special Marriage Act A Deterrent: Plea In Supreme Court, Notice Issued . 2023-02-27 . www.livelaw.in . en.
  6. News: 2023-01-06 . Supreme Court transfers to itself all petitions on same-sex marriage . en . . 2023-02-13 . 0971-751X.
  7. Supriyo Supriya Chakraborty Abhay Dang versus Union Of India Secretary Ministry of Law and Justice. Supreme Court of India. 1011/2022. 6 January 2023. https://main.sci.gov.in/supremecourt/2022/36593/36593_2022_1_44_40745_Order_06-Jan-2023.pdf.