A marriage between parties one of whom at least is a citizen of India may be solemnized under this Act by or before a Marriage Officer in a foreign country, if, at the time of the marriage, the following conditions are fulfilled, namely:-
(a) neither party has a spouse living,
(b) neither party is an idiot or a lunatic,
(c) the bridegroom has completed the age of twenty one years and the bride the age of eighteen years at the time of the marriage, and
(d) the parties are not within the degrees of prohibited relationship :
Provided that where the personal law or a custom governing at least one of the parties of a marriage between them, such marriage may be solemnized, notwithstanding that they are degrees of prohibited relationship.
When a marriage is intended to be solemnized under this Act, the parties to the marriage shall give notice thereof in writing in the form specified in the First Schedule to the Marriage Officer of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given, and the notice shall state that the party has so resided.
(1) A marriage by or before a Marriage Officer under this act shall be solemnized at the official house of the marriage Officer with open doors between the prescribed hours in the presence of at least three witnesses.
(2) The marriage may be solemnized in any form which the parties may choose to adopt:
Provided that it shall not be complete and binding on the parties unless each party declares to other in the presence of the Marriage Officer and the three witnesses and in any language understood by the parties, -"I, (A) take (B), to be my lawful wife (or husband)":
Provided further that where the declaration referred to in the preceding proviso is made in any language which is not understood by the Marriage Officer or by any of the witnesses, either of the parties shall interpret or cause to be interpreted the declaration in a language which the Marriage Officer, or, as the case may be, such witness understands.
In case one of the parties is a foreign national, no objection certificate/marital Status certificate from the concerned embassy.
Attested copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower.