A foreign marriage can
be voidable and can be annulled by a decree of nullity on any one or more of
the following grounds,
(i) the marriage has not
been consummated owing to the wilful refusal of the respondent to consummate
the marriage;
(ii) the respondent was at
the time of the marriage pregnant by some person other than the petitioner. The
following additional conditions must be satisfied:
(a) the petitioner was at the time of the marriage ignorant of the
facts alleged;
(b) proceedings were instituted within a year from the date of
the marriage; and
(c) that marital intercourse with the consent of the petitioner
has not taken place since the discovery by the petitioner of the existence of
the grounds for a decree:
(iii) the
consent of either party to the marriage was obtained by coercion or fraud, as
defined in the Indian Contract Act, 1872. Following additional grounds must be
satisfied:
(a) proceedings have been instituted within one year after the
coercion had ceased or, as the case may be, the fraud had been discovered; or
(b) the
petitioner not lived with the other party to the marriage as husband and wife
after the coercion had ceased or, as the case may be, the fraud had been
discovered.
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:
Additional
Condition
As per
section 18 (3)(b)
of the Foreign Marriage Act, 1969, court will grant decree of
nullity of marriage in respect of a voidable marriage if:
(i) The
parities to the marriage are domiciled in India at the time of the presentation
of petition; or
(ii)
The marriage was solemnized under this Act and the petitioner, being the wife,
has been ordinarily resident of India for a period of three years immediately
procedure by presentation of the petition
Further as per section 18 (3)(d)
the petitioner must be residing in India at the time of presenting the
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.