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Report No. 23
The Law of Foreign Marriages
Contents
1.
Genesis of reference
2.
Scope of marriages outside India-analysis
3.
Scope of proposed legislation-marriage and matrimonial causes
4.
Legislation in other countries
5.
English Act
6.
Australian Act
7.
Features of the English and Australian Acts
8.
Salient features of proposed legislation
9.
Enabling provision
10.
Application of legislation
11.
Rules as to capacity and essential validity
12.
Saving provisions as to international law and local law
13.
Matrimonial causes
14.
jurisdiction
15.
Registration
16.
Provisions as to reciprocity
17.
Other provisions
18.
Form of proposed legislation
19.
Appendices
Index to Appendix I
Explanation of Abbreviations used in Appendix I
Appendix I
Proposals as shown in the form of a Draft Bill
The Foreign Marriage Bill, 1962
Chapter I
Preliminary
1.
Short title
2.
Definitions
3.
Marriage officers
Chapter II
Solemnisation of Foreign Marriages
4.
Conditions relating to solemnisation of foreign marriages
5.
Notice of intended marriage
6.
Marriage Notice Book
7.
Publication of notice
8.
Objections to marriage
9.
Procedure on receipt of objection
10.
When marriage may be solemnized
11.
Marriage not to be in contravention of local laws
12.
Declaration by parties and witnesses
13
Place and form of solemnisation
14.
Certificate of marriage
15.
Validity of foreign marriages in India
16.
New notice when marriage not solemnised within three months
Chapter III
Registration of Foreign Marriages Solemnised under other Laws
17.
Registration of foreign marriages
Chapter IV
Matrimonial Relief in Respect of Foreign Marriages
18.
Matrimonial relief to be under Special Marriage Act, 1954
Chapter V
Penalties
19.
Punishment for bigamy
20.
Punishment or contravention of certain other conditions for marriage
21.
Penalty for false declaration
22.
Penalty for wrongful action of marriage officer
Chapter VI
Miscellaneous
23.
Recognition of marriages solemnised under law of other countries
24.
Certification of documents of marriages solemnised in accordance with local law in a foreign country
25.
Certified copy of entries to be evidence
26.
Correction of errors
27.
Act not to affect validity of marriages outside it
28.
Power to make rules
29.
Repeal
The Schedules
First Schedule
Form or Notice of Intended Marriage
Second Schedule
Declaration to be made by the Bridegroom
Thied Schedule
Form of Certificate of Marriage
Appendix II
Notes on Clauses
Clause 1
Clause 2
Clause 3
Clause 4
Clause 5 and 6
Clause 7
Clause 8
Clause 9 and 10
Clause 11(1,2,3)
Clause 12
Clause 13(1,2)
Clause 14
Clause 15
Clause 16 and 17
Clause 18(1,2,3,4)
Clause 19
Clause 20
Clause 21 and 22
Clause 23
Clause 24 and 25
Clause 26
Clause 27 and 28
Clause 29
Suggested Amendments to the Special Marriage Act, 1954
Appendix III
Suggestions in Respect of other Acts
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