Section 19A: Marriage of non-citizen to a citizen

19A. Marriage of non-citizen to a citizen (1) Subject to subsection (3) and notwithstanding any other enactment, no marriage shall take place between a non-citizen and a citizen of Mauritius unless the parties comply with this section. (2) No marriage under subsection (1) shall be celebrated— (a) unless— (i) publication of the intended marriage is made at the Central Civil Status Office and at the office of the district in which each of the parties to the marriage has been residing for at least 7 days immediately preceding the day of publication; (ii) the non-citizen has resided in Mauritius for a continuous period of at least 7 days before the first day of the publication; (iia) the non-citizen and the citizen declare, at the time of making an application for the publication of the marriage, that they have disclosed to each other whether or not they are HIV positive or have AIDS; (iii) the non-citizen produces at the time of making an application for the publication of the marriage— (A) all certificates required for the purpose of ascertaining whether he may lawfully get married; (B) his passport; (C) subject to subsection (3), a certificate or certificates issued by the competent authorities of his country of residence attesting that he is of good character and is not the suspect in relation to any pending criminal proceedings, investigation or process; (D) an affidavit sworn before the Master and Registrar of the Supreme Court of Mauritius, as well as a certificate from his country of residence, attesting that he is in gainful employment or, alternatively, has sufficient means to maintain himself; (E) medical certificates attesting that he is not suffering from any infectious or contagious disease; (F) such other information as may be prescribed; (b) before the expiry of a period 10 days commencing on the first day of the publication; (c) on any private premises or at any place other than at the Central Civil Status Office; or (d) by any authorised or unauthorised person. [Issue 10] C24 – 14 Revised Laws of Mauritius (3) Where the non-citizen satisfies the Registrar of Civil Status that he is unable to comply with subsection (2) (a) (iii) (C), he may produce an affidavit— (a) attesting to the matters specified in that subsection; and (b) sworn and duly authenticated in accordance with the law of his country of residence. (4) — [S. 19A inserted by Act 22 of 1995; amended by Act 8 of 1997; Act 15 of 1998; s. 8 of Act 40 of 2001 w.e.f. 1 September 2003; s. 9 of Act 22 of 2004; s. 2 (b) of Act 1 of 2008 w.e.f. 12 April 2008.]