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Report No. 23

9. Enabling provision.-

In our view, the proposed legislation should be enabling in character, that is to say, it should not be obligatory on the part of an Indian citizen entering into a marriage outside India to have it solemnised in the mode prescribed by it; it should be open to him or to her to adopt any other mode which might be available if he or she is satisfied that that has the requisite validity under the rules of private international law and is better suited to him or to her. The form prescribed by the proposed legislation is not in supersession of, but in addition to, any other mode that might be permissible. We have accordingly provided1 that marriages performed in a foreign country otherwise than under this legislation should remain unaffected by it.

1. See App I, clause 27.



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