GRACY Vs. P A MATHIRI

JUDGEMENT

(1.) The validity of a marriage performed in a foreign country between parties, one of whom is an Indian citizen is the issue mainly arising for consideration in this appeal. The law governing the point is Foreign Marriage Act, 1969 (Act 33 of 1969). Appellants are the defendants in O.S.I 140/95 on the file of the Subordinate Judge's Court, Thrissur. The suit was one filed for a declaration that 'the plaintiffs alone are the legal heirs of deceased P.A. Joseph and that the plaint schedule property belongs absolutely to the plaintiffs and consequently to restrain the defendants by a permanent prohibitory injunction from interfering with the possession and enjoyment of the plaint schedule property'.

(2.) The facts to the extent relevant are: Sri. George Andrew is the brother of deceased P.A. Joseph. Though there is a daughter by name Alphy Joseph to the deceased P.A. Joseph, her whereabouts are not known for about one and half decades. George Andrew, after divorcing the first wife married the first defendant herein and the children born in that wedlock are defendants 2 and 3. The plaintiffs however disputed the fact of divorce and questioned the validity of the marriage contracted by George Andrew with the first defendant. It is the case of the defendants that since the first defendant could not solemnize the marriage with George Andrew in the Church in Kerala, an agreement for marriage was entered into as per Ext.B1. Thereafter, she was taken to England where they got married in accordance with Section 45 of the Marriage Act, 1949 of England. Attested copy of the entry of marriage thus solemnized under the Marriage Act, 1949 in the Register is Ext.B3. The lower Court rejected Ext.B3 on the ground that it cannot be accepted in evidence as proof of valid marriage between George Andrew and the first defendant, since it does not satisfy the requirements under the Foreign Marriage Act, 1969, for the proof of a valid marriage.

(3.) The Foreign Marriage Act generally covers the marriages performed abroad where one of the parties alone is an Indian citizen. The act covers mainly four types of factual situations; (1) the marriage solemnized before the Marriage Officer appointed by the Government of India in the foreign country, in accordance with Sections 4, 5, 9, 11 and 13, (2) the deemed solemnization under Section 17, (3) recognition of marriages solemnized under the law of the foreign country where the marriage is performed and the certification thereof under Section 23 read with Section 24 of the Act and (4) marriages solemnized in a foreign country otherwise than under the provisions of the Act.