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Monday, April 22

Void Marriage under Foreign Marriage Act, 1969


A foreign marriage is a void marriage if:

 

(i) any of the conditions specified in section 4 has not been fulfilled.  

 

(ii) If the respondent was impotent at the time of the marriage and at the time of the institution of the suit.

 

If above ground exist a petition may be presented for decree of nullity in the district court.

 


This section will not apply if registration of foreign marriage is in contravention of any condition specified in clause (a) to (e) of section 15

 

Where petition can be presented

 

As per section 18 of the Foreign Marriage Act, 1969, the petition shall be presented to the district court within the local limits of whose ordinary civil jurisdiction -
(a) the respondent is residing at the time of the presentation of the petition ; or
 (b) the husband and wife last resided together; or
(c) the petitioner is residing at the time of the presentation of the petition, provided that the respondent is at that time residing outside India.

Meaning of District Court
The term “district court” has the same meaning as in the Special Marriage Act, 1954.
As per section 2(e) of Special Marriage Act, 1954 the "District Court" means:

(i) in any area for which there is a City Civil Court, and in any other area, the principal Civil Court of original jurisdiction is situated

(ii) It includes any other Civil Court, which may be specified by the State Government by notification in the Official Gazette as having jurisdiction in respect of the matters dealt with in this Act:

Petitioner must be residing in India at the time of presenting petition
As per section 18 (3)(c) of the Foreign Marriage Act, 1969, court will to grant decree of nullity of marriage in respect of a void marriage if:
(i) either of the parties to the marriage is domiciled in India at the time of the presentation of petition; or
(ii) the marriage was solemnized under this Act and the Petitioner is residing in India at the time of presentation of the petition;

Thus the petitioner must be residing in India for presenting petition.

 

Court cannot grant any relief, if in relation to any marriage of foreign country not solemnized under it, if the grant of relief in respect of such marriage (whether on any of the grounds specified in the Special Marriage Act, 1954, (45 of 1954) or otherwise) is provided for under any other law for the time being in force.