Marriages Not Registered Under Foreign Marriage Act Are Not Void, Can Be Valid Based On Personal Law Governing Parties: Karnataka High Court

The Karnataka High Court has said that provisions of the Foreign Marriage Act, 1969, must be interpreted in a purposive and inclusive manner, to not exclude genuine relationships from legal protection, simply due to procedural irregularities.Justice Ramachandra D Huddar further clarified that “Even if a marriage is not registered under the Foreign Marriage Act, 1969, it can still be treated as valid marriage under Indian law for interim purposes, particularly when party asserting the marriage supports it with documents such as photos, proof of residence, joint account or correspondence.” It added, “Whether or not the plaintiff's marriage fulfills all the technical conditions of the Foreign Marriage Act is a matter to be examined at the final stage of the suit and not during the consideration of temporary injunction.” For context, the Foreign Marriage Act, 1969, was enacted to regulate marriages solemnised by Indian citizens outside the territory of India. It lays down a formal procedure for how such marriages to be performed and legally recognised. Primarily, the Act provides that, an Indian citizen intending to marry in a foreign country must do so in the presence of a Marriage Officer appointed by the Government of India for that country. The Act also requires certain steps as giving notice of intended marriage, verification by the officer and registration of the marriage under the Act. If all these formalities are fulfilled, a certificate is issued by the Marriage Officer which serves as conclusive proof of the marriage under the Indian Law. The court held thus while dismissing the appeals filed by Mohamed Umar Seeni Ariff Khan and others challenging the order of the trial court which by its order dated 16-10-2024, passed an order of temporary injunction in the suit filed by Mrs. Tanzia Bano alias Tanzia Banu, restraining them from alienating or encumbering the suit B-schedule property and simultaneously dismissed their application seeking to vacate the said injunctive order. The suit for declaration, partition and injunction against the appellants was filed by the wife of late Imran Khan M.S., the son of the appellants/defendants. It was contended by the wife that she, during the subsistence of her marriage, transferred substantial amounts both in Indian and US Currencies to her husband's account and those funds were subsequently utilised by the first defendant, i.e, her father-in-law, to acquire the suit schedule property. The suit property was agreed to be purchased in the name of defendant no.1 merely as a matter of convenience, since the plaintiff and her husband were then residing abroad. The appellants have disputed the marital status of the plaintiff with their deceased son and have categorically denied her claim over the property or her possession thereof. Relying on the provisions Foreign Marriage Act, 1969 and submitting that no such marriage has been certified by the authority, and mere production of documents executed before the notary is not sufficient to prove the marital status. The bench noted that the plaintiff (wife) has produced the marriage certificate executed in the US, extracts of joint bank account, exchange of whatsapp messages with her husband and defendants, photographs and various utility bills to substantiate not only her marital status with deceased Imran Khan but, also financial contributions towards purchase of suit property. Then it said “Although the appellants have questioned the legality of marriage certificate under the Foreign Marriage Act, it is the settled position under law that, such a contention would be matter requiring adjudication after full-fledged trial and in support of such contention, circumstantial evidence suffices to establish a prima facie case at this stage.” The court stated that “It is important to note that, the Act does not say that, every marriage of an Indian citizen solemnized abroad must necessarily be registered under it. The Act provides a formal legal framework for marriage abroad but, it does not state that failure to follow it would render all such marriages void or without any legal effect. Marriages can still be considered valid based on the personal law applicable to the parties and law of the country where the marriage was performed.” It rejected the contention of the appellants that the wife has only produced a marriage certificate which is notarised and is not issued under the Foreign Marriage Act, 1969. The bench said “The Foreign Marriage Act is meant to provide a secure and uniform process abroad but it is not exclusive in its application. If the parties have undergone a marriage in accordance with the norms or religious practices of the foreign country and the ceremony is documented and supported by evidence, such as cohabitation, joint financial dealings and social recognition, the marriage may still carry legal significance in India.” It added “The validity of the marriage in such cases, becomes a question of fact to be...

Marriages Not Registered Under Foreign Marriage Act Are Not Void, Can Be Valid Based On Personal Law Governing Parties: Karnataka High Court

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Marriages Not Registered Under Foreign Marriage Act Are Not Void, Can Be Valid Based On Personal Law Governing Parties: Karnataka High Court

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