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Report No. 23

12. Saving provisions as to international law and local law.-

(a) We have come to the conclusion that the proposed legislation should ensure that marriages solemnised thereunder have a high degree of international validity. This can be achieved by authorising the Marriage Officer1 to refuse to solemnise a marriage which appears to him to be in contravention of international law.

We do not, however, consider it necessary to enact in the Bill detailed provisions of the nature contained on the subject in the Australian Act or in the English Act, read with the Orders in Council issued thereunder.2 In our view, such provisions, if enacted in the statute, would make it too cumbersome and would render the task of the Marriage Officer difficult. Instead of imposing any rigid limitations and enacting hard and fast rules on a matter which does not admit of codification at present, we would prefer to insert in the proposed law guiding principles to be kept in mind by the Marriage Officer.

(b) We also consider that, apart from private international law, some importance has to be attached to the law of the place of celebration of the marriage; for the proposed legislation constitutes an inroad into it. We therefore, recommend3 that a specific provision should be introduced to the effect that, before solemnising any marriage care should be taken to see that the intended marriage is not prohibited by the local law. This is necessary in the interests of good relations between India and the foreign country concerned.

1. See App I, clause 11(2).

2. See paras. 5(3) and 6(2), supra.

3. See App I, clause 11(1).

Law of Foreign Marriages Back

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