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Report No. 22

16. Clause 4(vi)-Conditions of marriage-domicile.-

It is provided in clause 4(vi) that, where the marriage is solemnised outside India, both parties should be domiciled in India. It has been suggested that the Bill should provide for marriages outside India even a when both the parties are not domiciled in India. This suggestion proceeds on a misconception as to the true scope of this legislation. According to the rules of private international law, the Legislature of a country can enact a law with reference to marriages performed inside its territory, or where it is performed outside, if both parties thereto are domiciled in the country. The object of the Bill, as explained in the Report1, is to provide for both these classes of marriage.

1. 15th Report, para. 5 (marriages inside India) and Notes to clause 1(i)Marriage-Application (marriages outside India).

Christian Marriage and Matrimonial Clauses Bill, 1961 Back

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