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In exercise of the powers conferred by section 28 of the Foreign Marriage Act, 1969 (33 of 1969) and in supersession of the Special Marriage (Diplomatic and Consumer Officers) Rules, 1955, published with the notification of the Government of India in the Ministry of External Affairs No. S.R.O. 1679, dated 29th July, 1955, the Central Government hereby makes the following rules, namely

The Foreign Marriage Rules, 1970

  

Section

Details

Section 1

Short title

Section 2

Definitions

Section 3

Particulars regarding name, etc., of Marriage Officer to be displayed in his office building

Section 4

Notice of intended marriage

Section 5

Payment of fee

Section 6

Procedure after notice

Section 7

Publication of notice

Section 8

Procedure for inquiry into objection

Section 8A

Acknowledgment in case of personal service

Section 9

Time and place of solemnisation

 

 The Foreign Marriage Rules, 1970

 

In exercise of the powers conferred by section 28 of the Foreign Marriage Act, 1969 (33 of 1969) and in supersession of the Special Marriage (Diplomatic and Consumer Officers) Rules, 1955, published with the notification of the Government of India in the Ministry of External Affairs No. S.R.O. 1679, dated 29th July, 1955, the Central Government hereby makes the following rules, namely

 

1. Short title.

 

These rules may be called the Foreign Marriage Rules, 1970.

 

. Definitions.

 

In these rules, unless the context otherwise requires,

 

(a) "Act" means the Foreign Marriage Act, 1969 (33 of 1969);

 

(b) "form" means a form appended to these rules;

 

(c) "Marriage Officer" means a person appointed under section 3 of the Act to be a Marriage Officer;

 

(d) "section" means a section of the Act.

 

3. Particulars regarding name, etc., of Marriage Officer to be displayed in his office building.

 

Every Marriage Officer shall arrange to have his name, designation and the working hours of his officer to be written in English, Hindi and the language of the country, place or area in which he functions as such, and displayed in a conspicuous part of the building in which his office is situated.

 

4. Notice of intended marriage.

 

(1) When a marriage is intended to be solemnized under the Act by or before a Marriage Officer, the parties to the intended marriage shall give notice thereof in writing in the form specified in the First Schedule to the Act to such Officer either in person or by registered post.

 

(2) The notices shall be accompanied by a statement containing the following particulars,

 

(i) Present addresses of the parents of the parties to the intended marriage;

 

(ii) Name or names of the country or countries in which the parties are ordinarily resident;

 

(iii) State or States in India to which the parties or, as the case may be, the Indian party, to the marriage belong or belongs.

 

 

5. Payment of fee.

 

(1) Where the notice is delivered in person, the fee prescribed therefore in rule 15 shall be paid in cash to the Marriage Officer.

 

(2) Where the notice is sent by registered post, the fee shall be remitted by money order at the remitter's expense and the receipt issued to the remitter by the post office through which the remittance is made shall be attached to the notice.

 

 

6. Procedure after notice.

 

(1) As some of the notice is received by the Marriage Officer, a distinctive serial number shall be entered on it and such number and the date of receipt of the notice shall be attested by the signature of the Marriage Officer.

 

(2) If the notice is in conformity with the requirements of the Act, it shall be entered in the Marriage Notice Book which shall be a bound volume, the pages of which are machine-numbered consecutively with a normal index attached.

 

(3) If the notice is not in conformity with the requirements of the Act, it shall be got rectified by the parties if they are present, or returned to them by post for rectification and retransmission within a date to be fixed for this purpose, if they are not present.

 

(4) The Marriage Officer shall have every item of rectification attested by both the parties.

 

 

7. Publication of notice.

 

The Marriage Officer shall cause the notice to be published,

 

(a) by affixing a true copy thereof under his seal and signature to some conspicuous place in his office;

 

(b) by serving, personally, or by registered post acknowledgment due true copies thereof under his seal and signature on the parents of the parties to the marriage; and

 

(c) by publishing it in a newspaper having circulation,

(i) in the State or States in India to which the parties or, as the case may be, the Indian party, to the marriage belong or belongs; and

 

(ii) in the country or countries in which the parties are ordinarily resident.

 

 

8. Procedure for inquiry into objection.

 

(1) If any objection to the solemnisation of the intended marriage (together with the fee prescribed therefore in rule 15) is received by the Marriage Officer, he shall record the nature of the objection in his Marriage Notice Book and fix the date and time for inquiry into the objection and cause notice thereof to be served, personally or by registered post acknowledgment due, in Form I on the person who has made the objection and also the parties to the intended marriage.

 

(2) On the date so fixed or on any other date to which the inquiry may be adjourned, the Marriage Officer shall make an inquiry into the objection and record in his own hand in the manner prescribed in the Code of Civil Procedure, 1908 (5 of 1908), the evidence given.

 

 

8-A. Acknowledgment in case of personal service.

 

Where a notice is personally served under rule 7 or rule, 8, the person on whom such notice is served shall sign an acknowledgment of service of the notice.

 

 

9. Time and place of solemnisation.

 

The intended marriage may be soleminsed at any time during office hours of the Marriage Officer or at any other time convenient to him,

 

(a) at the official house of residence of the Marriage Officer, or

 

(b) at the office in which the business of the Marriage Officer is transacted, or

 

(c) at such other place within a reasonable distance from such official house or office as the Marriage Office may in his discretion approve:

 

Table

 

Matter in respect of which a fee is leviable Amount of fee (in Rupees)

1 2

 

(i) For every notice of an intended marriage 120.00

 

(ii) For publication on notice Actual charges

Note - A suitable amount will be taken as an advance towards cost of publication of notice in newspapers.

 

(iii) For receiving and processing or dealing with an objection 300.00

 

(iv) For solemnising a marriage 240.00

 

(v) For solemnising a marriage at a place referred to in rule 9(c) 90.00

 

Note - This will be in addition to the fee referred to in it.

 

 

 

 

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