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Report No. 212

C. Foreign Marriage Act 1969

The Foreign Marriage Act 1969 says that the parties to an intended marriage to be solemnized under it must not be within prohibited degrees of marital relationship. It does not, however, incorporate any list of such prohibited degrees and only says that the expression "degrees of prohibited relationship" as used under it will have the same meaning as under the Special Marriage Act 1954. Therefore, under the Foreign Marriage Act too all first cousins are deemed to be within the prohibited degrees of marriage.

The Foreign Marriage Act, however, specifically mentions both custom and personal law of the parties as grounds for relaxation of the rule of prohibited degrees in marriage. Also, there is no condition under this provision for recognition of the rule of personal law or custom in this respect by the Government through a gazette notification.

Laws of Civil Marriages in India - A Proposal to Resolve certain Conflicts Back

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