Report No. 23

Clause 29

This deals with repeal. Strictly speaking, the Indian Foreign Marriage Act, 1903, is not relevant for the present purpose. It was passed to give effect to the Foreign Marriages Order in Council, 1903. The said Order directed that, if a Marriage Officer acting under the (English) Foreign Marriage Act, 1892, was satisfied that such notice of an intended marriage had been given by a party dwelling in India as might be required by any law of the Governor-General in Council of India implementing the Order, the Marriage Officer should regard the notice as sufficient for the purposes of the Foreign Marriage Act, 1892. It would thus be seen, that the Indian Act of 1903 has nothing to do with foreign marriages of Indians, and that it is merely ancillary to the English Act. [See the Statement of Objects and Reasons appended to the Indian Foreign Marriage Bill, 1903, Gazette of India, 1903, Part V, page 4661. Its repeal is proposed as it has outlived its utility.

It is considered unnecessary to say anything about the Marriages with Foreigners Act, 1906, as that Act is practically a dead letter. As regards the Foreign Marriage Acts, 1892 to 1947, see the British Statutes Application to India (Repeal) Act, 1960 (57 of 1960), Schedule, entries 92 and 258. As regards the Marriage of British Subject (Facilities) Act, 1915 (and the amendment made thereto in 1916), see the British Statutes, etc., Repeal Act, 1960 (57 of 1960), Schedule, entries 146 and 152.

The First Schedule

This follows the Second Schedule to the Special Marriage Act, but the father's name has been included in the particulars to be given.

The Second Schedule

This follows the Third Schedule to the Special Marriage Act.

The Third Schedule

This follows the Fourth Schedule to the Special Marriage Act.