Legal Requirements to Solemnize Marriage with a Foreigner

A marriage by an Indian with a foreigner is governed by the Foreign Marriage Act. The Act was first enacted in 1903 at the time of British rule, and remained in force for over six decades.

In 1969, the Foreign Marriage Act was revised on the pattern of the Special Marriage Act, 1954. The new Foreign Marriage Act established that a marriage may be solemnized in a foreign country between an Indian and a foreigner as well as two Indians, regardless of their religion or personal laws. The act also empowers the Government of India to appoint marriage officers in foreign nations, from amongst its consular and diplomatic and staff in the respective nations. 

General Laws for Solemnization of Marriages in Foreign Nations

A marriage may be solemnized in a foreign nation under any law, including the nation’s local law, and registered under the Foreign Marriage Act, if it fulfils the following conditions of validity:

• Neither party has a living spouse

• Neither party is of unsound mind or a lunatic

• The bridegroom has attained the age of 21 and the bride at the age of 18 at the time of registering the marriage

• The parties do not lie within the degree of prohibited relationship

The concept of “prohibited relationship in a marriage” is recognized by the family laws of all religions in India; wherein each religion has a distinct list of relatives whom one cannot marry. The degree of prohibited relationship in the Foreign Marriage Act is the same as that laid down in the Special Marriage Act.

Both Acts consider marriage to first cousins, paternal and maternal as well as parallel and cross, to be in the category of a prohibited relationship.