Foreign Marriage Rules,1970

MINISTRY OF EXTERNAL AFFAIRS

New Delhi, the 19th August 1970

G.S.R. 1274..In exercise of the powers conferred by section 28 of the Foreign Marriage Act, 1969 (33 of 1969) and in super session of the Special Marriage (Diplomatic and Consular Officers) Rules, 1955, published with the notification of the Government of India in the Ministry of External Affairs No. S.R.O. 1679, dated the 29th July, 1955, the Central Government hereby makes the following rules, namely.

1. Short Title..These rules may be called the Foreign Marriage Rules, 1970.

2. Definitions..In these rules, unless the context otherwise requires-

(a) "Act" means the Foreign Marriage Act, 1969 (33 of 1969) ;

(b) "form" means a form appended to these rules ;

(c) "Marriage Officer" means a person appointed under section 3 of the Act to be a Marriage Office;

(d) "section" means a section of the Act.

3. Particulars regarding Name, etc., of Marriage Officer to be Displayed in his Office Building..Every Marriage Officer shall arrange to have his name, designation and the working hours of his office to be written in English, Hindi and the language of the country, place or area in which he functions as such, and displayed in a conspicuous part of the building in which his office is situated.

4. Notice of Intended Marriage..(1) When a marriage is intended to be solemnized under the Act by or before a Marriage Officer, the parties to the intended marriage shall give notice thereof in writing in the form specified in the first Schedule to the Act to such Officer either in person or by registered post.

(2) The notice shall be accompanied by a statement containing the following particulars :-

(i) Present addresses of the parents of the parties to the intended marriage.

(ii) Name or names of the country or countries in which the parties are ordinarily resident.

(iii) State or States in India to which the parties or, as the case may be, the Indian party, to the marriage belong or belongs.

5. Payment of Fee..

(1) Where the notice is delivered in person, the fee prescribed therefor in rule 15 shall be paid in cash to the Marriage Officer.

(2) Where the notice is sent by registered post, the fee shall be remitted by money order at the remitter's expense and the receipt issued to the remitter by the post office through which the remittance is made shall be attached to the notice.

6. Procedure after Notice..

(1) As soon as the notice is received by the Marriage Officer, a distinctive serial number shall be entered on it and such number and the date of receipt of the notice shall be attested by the signature of the Marriage Officer.

(2) If the notice is in conformity with the requirements of the Act, it shall be entered in the Marriage Notice Book which shall be a bound volume, the pages of which are machine numbered consecutively with a normal index attached.

(3) If the notice is not in conformity with the requirements of the Act, it shall be got rectified by the parties if they are present, or returned to them by post for rectification and retransmission within a date to be fixed for this purpose, if they are not present.

(4) The Marriage Officer shall have every item of rectification attested by both the parties.

7. Publication of Notice..The Marriage Officer shall cause the notice to be published:.

(a) by affixing a true copy thereof under his seal and signature to some conspicuous place in his office ;

(b) by serving, personally, or by registered post acknowledgement due true copies thereof under his seal and signature on the parents of the parties to the marriage ; and

(c) by publishing it in a newspaper having circulation,-

(i) in the State or States in India to which the parties or, as the case may be, the Indian party, to the marriage belong or belongs; and

(ii) in the country or countries in which the parties are ordinarily resident.

8. Procedure for Inquiry into Objection..

(1) If any objection to the solemnization of the intended marriage together with the fee prescribed therefor in rule (5) is received by the Marriage Officer, he shall record the nature of the objection in his Marriage Notice Book and fix the date and time for inquiry into the objection and cause notice thereof to be served, personally or by registered post acknowledgement due, in Form I on the person.

(2) On the date so fixed or on any other date to which the inquiry may be adjourned, the Marriage Officer shall make an inquiry into the objection and record in his own hand in the manner prescribed in the Code of Civil Procedure 1908 (5 of 1908), the evidence given.

8A. Acknowledgement in case of Personal Service..Where a notice is personally served under rule 7 or rule 8, the person on whom such notice is served shall sign an acknowledgement of service of the notice.

9. Time and Place of Solemnization..The intended marriage may be solemnized any time during office hours of the Marriage Officer or at any other time convenient to him-

(a) at the official house of residence of the Marriage Officer, or

(b) at the office in which the business of the Marriage Officer is transacted, or

(c) at such other place within a reasonable distance from such official house or office as the Marriage Officer may in his discretion approve:

Provided that additional fees as specified in rule 15 shall be payable for the solemnization of any marriage at a place referred to in clause (c).

10. Manner of Registration of Marriages..Registration of a marriage under section. 17 shall be effected by the Marriage Officer by entering a certificate of the marriage in Form 11 in the Marriage Certificate Book.

11. Appeals to the Central Government..An appeal to the Central Government under sub-section (3) of section 11 or sub-section (4) of section 17 shall be in the form of a memorandum which shall be accompanied by a certified copy of :

(i) the notice of the intended marriage or, as the case may be, of the application for registration of the marriage ;

(ii) the statement of the reasons for which the Marriage Officer refused to solemnize or, as the case may be, register the marriage.

12. Language for Purposes of Section 24..The language for purposes of sub-clause (ii) of clause (b) of sub-section (1) of section 24 shall be English, Hindi or any other language approved by the Marriage Officer.

13. Transmission of copies of Entries in Marriage Records..The Marriage Officer shall send to the Secretary to the Government of India. Ministry of External Affairs, New Delhi, three true copies certified in Form III of all entries or corrections made by him in the Marriage Certificate Book at intervals of three months on, or as early as possible after, the 1st day of January, April, July and October in each year and one such copy shall be transmitted by the said Secretary to the Registrar-General or to each of the Registrars-General of Births, Deaths and Marriages of the State or States in India to which the parties to the marriage belong.

14. Form of Marriage Certificate Book..

(1) The Marriage Certificate Book shall be a bound volume. the pages of which are machine-numbered consecutively with a nominal index attached. Every marriage certificate entered therein during each calendar year shall be consecutively numbered and every authenticated copy of a certificate issued to the parties shall bear the number and date, month and year in which the certificate was entered.

(2) For the removal of doubts it is hereby provided that the Marriage Certificate Book maintained under the Special Marriage (Diplomatic and Consular Officer) Rules, 1955, may be continued to be used with necessary adaptations as the Marriage Certificate Book for the purposes of these rules and the Act.

15. Scale of fees..The following fees shall be levied by the Marriage Officers:-
—————————————————————————————————-
Matters in respect of which a fee is liveable             Amount of fee
                                                                             —————–   Category                                                                   Category
                                                                       'A'                      'B'            countries                                                                   countries
—————————————————————————————————-
     1                                                              2                                        3
—————————————————————————————————-
                                                                    Rs.                                      Rs.
(i) For every notice of an intended marriage . 120                                       80
                                                                   Actual                                   Actual
(ii) For publication of notice . . . .               Charges                                Charges

Note : A suitable amount will be taken as an advance towards Cost of publication of notice in newspapers.

(iii) For receiving and possessing or dealing with an objects                                                          300                                      200

(iv) For solemnizing a marriage . . . .                                                                      240                                     160

(v) For solemnizing a marriage at a place referred to in rule 9(c)                                                               90                                        60

Note : This will be in addition to the fee referred to in item (iv) above.

(vi) For receiving notice of a caveat . . .                                                                  240                                      160

(vii) For certificate by Marriage Officer of notice having been given and posted up                                                                 45                                        30

(viii) For a certified copy of reasons recorded under section 11 or section 17 for refusal to solemnize or as the case may be for refusal to register, a marriage. .                                                                      24                                        16

(ix) For certified copy of an entry :                                                                     

(a) in the Marriage Note Book .                       24                                         16

(b) in the Marriage Certificate Book .              24                                          16

(x) For certification of a document referred to in sub-section (1) of section 24 .                                                                                   9                                           6

(xi) For making a search :

(a) if the entry is of the current year . .                                                                   24                                         16  

(b) if the entry relates to any previous year or years                                                            45                                          30

Explanation..Category 'A' countries are :.

(a) all countries in North and South America ;

(b) all countries in Europe including U.S.S.R. ;

(c) all countries in West Asia and North Africa, excluding People's Democratic Republic of Yemen, Yemen Arab Republic, Sudan and Somalia ;

(d) Australia, New Zealand, Japan, Hong Kong, and Singapore.

Category "B" countries are :.

All other countries (excluding countries mentioned under Category "A").

FORM I
[See rule 8(1)]

Notice

                             Before the Marriage Officer. . . . . . . . . . . . . . . . . Place

                            In the matter of the Foreign Marriage Act, 1969 (33 of 1969).
                                                                      and
                                      In the matter of the intended marriage between

AB .
and . Give names and addresses
CD .

EF Person making the objection

To
                         …………………………

           Whereas notice of an intended marriage between A B and C D was received by the Marriage Officer ………………..,
           
                    And whereas E F has preferred certain objections (set out overleaf) to the solemnization of the marriage;

                  And whereas the Marriage Officer will hold an inquiry into the matter of the said objections on the……….day of ……….. 19…….. at his office;

                 You are hereby required to be present at …… a.m./p.m. on the said day together with all documents on which you rely and witnesses whom you may desire to be examined on your behalf.

                    Take notice that in default of your appearance at the time specified above on the aforesaid day the inquiry will be made, and the matter aforesaid decided, in your absence.

      Given under my hand and seal
             Station
             Date
(Set out the objection on the reverse of this notice).

                                                                                                                                Signature
                                                                                                                           Marriage Officer
                                                                                                                                   Seal

FORM II
(See rule 10)

Certificate of registration of marriage

                  I, E F, hereby certify that A B and C D* informed me in writing that he/she desires his/her marriage*/they desire their marriage to be registered. under section 17 of the Foreign Marriage Act, 1969 (33 of 1969) and that each of the parties to the said marriage, in my presence and in the presence of three witnesses who have signed hereunder, have declared that a ceremony of marriage has been performed between them and that they have been living together as husband and wife since the time of marriage, and the said marriage has this day of ……………. 19 …………. been registered under this Act.

                                                                                                                                   (Sd.) EF
                                                                                                                                                            Marriage Officer for ……

(Sd.) A B (Husband)
(Sd.) C D (Wife)

(Sd.) GH .
(Sd.) OS . Three witnesses.
(Sd.) KL .

             Dated, the …….. day of …….. 19 ……….
________________________________
*Strike out whatever is inapplicable.

FORM III
(See rule 13)

Form of Certificate

                  Certified that the above entries
from the Marriage Certificate Book in this office bearing serial number …… are true copies of all the entries and corrections in the Marriage Certificate Book kept by me during the three months ending ……………..

                                                                                                              Signature
                                                                                                 Marriage Officer.

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