23. Recognition of marriages solemnized under law of other countries.—If the Central
Government is satisfied that the law in force in any foreign country for the solemnization of marriages
contains provisions similar to those contained in this Act, it may, by notification in the Official Gazette,
declare that marriages solemnized under the law in force in such foreign country shall be recognized by
courts in India as valid.
24. Certification of documents of marriages solemnized in accordance with local law in a
foreign country.—(1) Where—
(a) a marriage is solemnized in any foreign country specified in this behalf by the Central
Government, by notification in the Official Gazette, in accordance with the law of that country
between parties of whom one at least is a citizen of India; and
(b) a party to the marriage who is such citizen produces to a Marriage Officer in the country in
which the marriage was solemnized—
(i) a copy of the entry in respect of the marriage in the marriage register of that country
certified by the appropriate authority in that country to be a true copy of that entry; and
(ii) if the copy of that entry is not in the English language, a translation into the prescribed
language of that copy; and
(c) the Marriage Officer is satisfied that the copy of the entry in the marriage register is a true
copy and that the translation, if any, is a true translation;
the Marriage Officer, upon the payment of the prescribed fee, shall certify upon the copy that he is
satisfied that the copy is a true copy of the entry in the marriage register and upon the translation that he is
satisfied that the translation is a true translation of the copy and shall issue the copy and the translation to
the said party.
(2) A document relating to a marriage in a foreign country issued under sub-section (1) shall be
admitted in evidence in any proceedings as if it were a certificate duly issued by the appropriate authority
of that country.
25. Certified copy of entries to be evidence.—Every certified copy purporting to be signed by the
Marriage Officer of an entry of a marriage in the Marriage Certificate Book shall be received in evidence
without production or proof of the original.
9
26. Correction of errors.—(1) Any Marriage Officer who discovers any error in the form or
substance of any entry in the Marriage Certificate Book may, within one month next after the discovery of
such error, in the presence of the persons married, or, in case of their death or absence, in the presence of
two other witnesses, correct the error by entry in the margin without any alteration of the original entry
and add thereto the date of such correction.
(2) Every correction made under this section shall be attested by the witnesses in whose presence it
was made.
27. Act not to affect validity of marriages outside it.—Nothing in this Act shall in any way affect
the validity of a marriage solemnized in a foreign country otherwise than under this Act.
28. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
(a) the duties and powers of Marriage Officers and their districts;
(b) the manner in which a Marriage Officer may hold any inquiry under this Act;
(c) the manner in which notices of marriage shall be published;
(d) the places in which and the hours between which marriages under this Act may be
solemnized;
(e) the form and the manner in which any books required by or under this Act to be kept shall be
maintained;
(f) the form and manner in which certificates of marriages may be entered under sub-section (5)
of section 17;
(g) the fees that may be levied for the performance of any duty imposed upon a Marriage Officer
under this Act;
(h) the authorities to which, the form in which and the intervals within which copies of entries in
the Marriage Certificate Book shall be sent, and, when corrections are made in the Marriage
Certificate Book, the manner in which Certificates of such corrections shall be sent to the authorities;
(i) the inspection of any books required to be kept under this Act and the furnishing of certified
copies of entries therein;
(j) the manner in which and the conditions subject to which any marriage may be recognised
under section 23;
(k) any other matter which may be, or requires to be, prescribed.
(3) Every rule made under this section shall be laid as soon as may be after it is made before each
House of Parliament while it is in session for a total period of thirty days which may be comprised in one
session or 1
[in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid] both Houses agree in making any modification
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done under that rule.
1. Subs. by Act 20 of 1983, s. 2 and the schedule., for certain words (w.e.f. 15-3-1984).
10
29. Amendment of Act 43 of 1954.—In the Special Marriage Act, 1954,—
(a) in section 1, in sub-section (2), for the words “outside the said territories”, the words “in the
State of Jammu and Kashmir*” shall be substituted;
(b) in section 2, clauses (a) and (c) shall be omitted;
(c) in section 3, for sub-section (2), the following sub-section shall be substituted, namely:—
“(2) For the purposes of this Act, in its application to citizens of India domiciled in the
territories to which this Act extends who are in the State of Jammu and Kashmir*, the Central
Government may, by notification in the Official Gazette, specify such officers of the Central
Government as it may think fit to be the Marriage Officers for the State or any part thereof.”;
(d) in section 4, for clause (e), the following clause shall be substituted, namely:—
“(e) where the marriage is solemnized in the State of Jammu and Kashmir*, both parties are
citizens of India domiciled in the territories to which this Act extends.”;
(e) in section 10, for the words “outside the territories to which this Act extends in respect of an
intended marriage outside and said territories”, the words “in the State of Jammu and Kashmir* in
respect of an intended marriage in the State” shall be substituted;
(f) in section 50, in sub-section (1), the words “Diplomatic and consular officers and other” shall
be omitted.
30. Repeal.—The Indian Foreign Marriage Act, 1903 (14 of 1903), is hereby repealed.