Foreign Marriage Act, 1969

The Foreign Marriage Act, 1969 is an Act of the Parliament of India enacted on 31 August 1969.[1] The Act was enacted due to the recommendations of the Third Law Commission with the object of streamlining the law relating to recognition of marriages solemnized outside India between Indian citizens, or an Indian citizen and a foreign citizen.[2]

Foreign Marriage Act, 1969
Parliament of India
  • An Act to make provision relating to marriages of citizens of India outside India.
CitationAct No. 33 of 1969
Enacted byParliament of India
Enacted31 August1969
Commenced31 August1969
Status: In force

Purpose

The main purpose of the act was to recognise the marriage of citizens of India outside India.[3]

Judicial Review

Supriyo v. Union of India
Main article: Supriyo v. Union of India

The petition requested the Supreme Court to recognise the marriage between any two persons, regardless of gender identity and sexual orientation, and declare the notice and objection provisions as void, by enforcing the fundamental rights guaranteed under Articles 14, 15, 19 and 21 of the Indian Constitution.[4][5]

In October 2020, Vaibhav Jain and Parag Vijay Mehta filed a petition in Delhi High Court and they were joined by other petitioners over the course of time.[6][7] On 6 January 2023, their petitions were transferred to Supreme Court to be heard along with Supriyo v. Union of India (2023).[8][9] Additionally, most of the petitioners challenged the notice and objection provisions of the Special Marriage Act of 1954 and the Foreign Marriage Act which hurt vulnerable minorities.[4][5][10]

References
  1. Foreign Marriage Act of 31 August 1969 (PDF). Parliament of India.
  2. Third Law Commission (August 1962). Law of Foreign Marriages (PDF) (Report). Law Commission of India. Retrieved 28 February 2023.
  3. "The Foreign Marriage Act, 1969". indiankanoon.org. Retrieved 28 February 2023.
  4. Deshwal, Puneet (2023-02-20). "Supreme Court Issues Notice In Plea Seeking Recognition Of Transgender Persons Under Special Marriage Act 1954". www.verdictum.in. Retrieved 2023-02-22.
  5. "Same-Sex Couples Already Vulnerable, Public Notice Of Intended Wedding Under Special Marriage Act A Deterrent: Plea In Supreme Court, Notice Issued". www.livelaw.in. 2023-01-06. Retrieved 2023-02-27.
  6. Vaibhav Jai & Parag Vijay Mehta versus Union Of India thr. Its Secretary, Ministry of Law and Justice. (PDF) (Writ Petition (Civil)), High Court of Delhi, October 8, 2020{{citation}}: CS1 maint: location missing publisher (link)
  7. Nundy, Karuna; Goel, Ruchira; Mukherjee, Utsav; Nagpal, Ragini; Chitravanshi, Abhay (July 5, 2021), Joydeep Sengupta, Russell Blaine Stephens & Mario Leslie Dpenha versus Union Of India thr. Its Secretary, Ministry of Law and Justice. (PDF) (Writ Petition (Civil)), High Court of Delhi{{citation}}: CS1 maint: location missing publisher (link)
  8. "Supreme Court transfers to itself all petitions on same-sex marriage". The Hindu. 2023-01-06. ISSN 0971-751X. Retrieved 2023-02-13.
  9. Supriyo a.k.a Supriya Chakraborty & Abhay Dang versus Union Of India thr. Secretary Ministry of Law and Justice, W.P.(C) No. 1011/2022 (Supreme Court of India 6 January 2023).
  10. Bhatia, Gautam; Saxena, Utkarsh; Sekhri, Abhinav; Jain, Hrishika (December 15, 2022), Utkarsh Saxena & Ananya Kotia versus Union Of India thr. Its Secretary, Ministry of Law and Justice. (PDF) (Writ Petition (Civil)), Supreme Court of India{{citation}}: CS1 maint: location missing publisher (link)
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