Conditions relating to solemnization of foreign marriages.-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 permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees of prohibited relationship.

Corresponding law. This section corresponds to s. 4 of the Special Marriage Act 1954.

Conditions of marriage. This section lays down the conditions of marriage. One of the conditions is that one of the parties to the marriage must be a citizen of India for the purpose of this Act. In addition, a marriage can be solemnized under this Act provided (i) neither party has a spouse living, (ii) neither party is an idiot or a lunatic, (iii) the bridegroom has completed the age of 21 years and the bride the age of 18 years at the time of marriage, (iv) the parties do not fall within prohibited degrees of relationship. Relaxation is allowed if personal law or custom of party to the marriage permits such marriage within prohibited degrees of relationship.

Notice of intended marriage.- 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.

Corresponding law. This section corresponds to s. 5 of the Special Marriage Act 1954. 6. Marriage Notice Book.-The Marriage Officer shall keep all notices given under section 5 with the records of his office and shall also forthwith enter a true copy of every such notice in a book prescribed for that purpose, to be called the "Marriage Notice Book", and such book shall be open for inspection at all reasonable times, without fee, by any person desirous of inspecting the same.

Corresponding law. This section corresponds to s. 6(1) of the Special Marriage Act 1954.