In force · As amended up to 2026-08
2. The Bill is modelled on the Special Marriage Act, 1954, and the existing English and Australian Legislation on the subject of foreign marriages, subject to certain important modifications rendered necessary by the peculiar conditions obtaining in our country.
The following are the salient features of the Bill:—
(i) It provides for an enabling form of marriage more or less on the same lines as the Special Marriage Act, 1954, which can be availed of outside India where one of the parties to the marriage is an Indian citizen; the form of marriage thus provided being not in supersession of but only in addition to or as an alternative to, any other form that might be permissible to the parties.
(ii) It seeks to lay down certain rules in respect of capacity of parties and conditions of validity of marriage and also provides for registration of marriage on lines similar to in the Special Marriage Act, 1954.
marriage and also provides for registration of marriage on lines similar to in the Special Marriage
(iii) The provisions of the Special Marriage Act, 1954, in regard to matrimonial reliefs are sought to be made applicable, with suitable modifications, not only to marriages solemnized or registered under the proposed legislation, but also to other marriages solemnized abroad to which a citizen of India is a party.
NEW DELHI; ASHOK K. SEN
The 3 rd May , 1963.
2. Definitions. —In this Act, unless the context otherwise requires,—
(a) "degrees of prohibited relationship" shall have the same meaning as in the Special Marriage Act, 1954 (43 of 1954);
(b) "district", in relation to a Marriage Officer, means the area within which the duties of his office are to be discharged;
(c) "foreign country" means a country or place outside India, and includes a ship which is for the time being in the territorial waters of such a country or place;
(d) "Marriage Officer" means a person appointed under section 3 to be a Marriage Officer;
(e) "official house", in relation to a Marriage Officer, means—
- (i) the official house of residence of the officer;
- (ii) the office in which the business of the officer is transacted;
- (iii) a prescribed place; and
(f) "prescribed" means prescribed by rules made under this Act.
Source: India Code