Foreign Marriage Act Applies for Indian Citizens Marriages Abroad
The Kerala High Court has ruled that marriages abroad or conducted outside India, where only one spouse is an Indian citizen, must be registered under the Foreign Marriage Act (FMA). The court clarified that couples can solemnize and register marriages in India under the Special Marriage Act (SMA), but this rule does not apply to foreign marriages.
Key Court Observations
Justice C.S. Dias reviewed a case involving an Indian citizen and an Indonesian citizen. The couple had married under Indonesian civil law and were residing in Thrissur, India. They wanted to register their marriage under the SMA and submitted a joint application to the Marriage Officer. However, the officer sought clarification from the District Marriage Officer, who did not respond.
The petitioners argued that they met all SMA requirements, and refusing to register their marriage violated their Article 21 rights under the Constitution of India.
Court’s Analysis
The court compared the SMA and FMA and ruled that:
A marriage involving at least one Indian citizen can be solemnized or registered abroad under the Foreign Marriage Act.
A marriage between two persons, regardless of nationality, can be registered in India under the Special Marriage Act.
Marriages conducted in foreign countries under local laws must be registered under the Foreign Marriage Act, not the Special Marriage Act.
The Foreign Marriage Act defines a foreign country as any location outside India. It allows:
Registration of marriages performed under foreign laws.
Recognition of foreign marriages in India.
Certification of marriage documents per foreign laws.
Court Ruling
The Kerala High Court ruled that the petitioners could not register their marriage under the SMA. Instead, they must register under the Foreign Marriage Act.
The court also cited Arun R.K. v. State of Kerala (2023) case. The government confirmed that couples can register marriages performed under foreign civil laws online under the Foreign Marriage Act without traveling back to the foreign country.
Conclusion
The court dismissed the petition and advised the couple to register their marriage under the Foreign Marriage Act.
