• Marriage registration

I am an indian national and was married to a pakistani girl in karachi in 2008 . 
My marriage certificate was issued in pakistan 
After marriage my wife came to India and has been living with me on valid visas.
For the purpose of getting Indian nationality for my wife i need to get my marriage registered in India
i went to the nagar magistrate in kanpur (U.P) who deals with marriage registration in my city but he says that since my marriage was not solemnized in India it cannot be registered in special marriage act.
i wish to know how can i get my marriage registered in India because without marriage registration in india , i cannot apply for my wife's indian citizenship
Asked 7 years ago in Family Law
Religion: Muslim

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6 Answers

You can register your marriage under Foreign Marriage Registration Act.

However to register the marriage under the said Act you have to apply for registration from Indian Consulate Office in Pakistan.

Even Indian Consul General or Embassy official is competent to issue such certificate.

Another option is to register under Special Marriage in India showing a current date of marriage.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. Get married in India and then get your marriage registered in India.

2. There will be lots of restriction for getting her Indian Citizenship sine she is from Pakistan.

3. Take all steps in this regard very carefully and strictly as per law.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

your marriage needs to be registered in India under Special Marriage Act to make it legal in India to get its jurisdiction.

2) Both the parties to submit affidavit confirming the date and place of marriage, marital status at the time of entering the wedlock, nationality and date of birth.

3)f one of the parties is a foreign national then a no objection certificate is required from the concerned embassy.

4) Date of Birth certificate of both the parties.

One wedding picture and two passport size photos of both the partners.

5) marriage can be regsitered in india even if performed abroad

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Provisions of special marriage act given below are certain conditions and procedures to be followed for registering the marriage in India as per desired by you.

4. 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 degree of prohibited relationship.

17. Registration of foreign marriages.—

(1) Where—

(a) a Marriage Officer is satisfied that a marriage has been duly solemnized in a foreign country in accordance with the law of that country between parties of whom one atleast was a citizen of India; and

(b) a party to the marriage informs the Marriage Officer in writing that he or she desires the marriage to be registered under the section, the Marriage Officer may, upon payment of the prescribed fee, register the marriage.

(2) No marriage shall be registered under this section unless at the time of registration it satisfies the conditions mentioned in section 4.

(3) The Marriage Officer may, for reasons to be recorded in writing, refuse to register a marriage under this section on the ground that in his opinion the marriage is inconsistent with international law or the comity of nations.

(4) Where a Marriage Officer refuses to register a marriage under this section the party applying for registration may appeal to the Central Government in the prescribed manner within a period of thirty days from the date of such refusal; and the Marriage Officer shall act in conformity with the decision of the Central Government on such appeal.

(5) Registration of a marriage under this section shall be effected by the Marriage Officer by entering a certificate of the marriage in the prescribed form and in the prescribed manner in the Marriage Certificate Book, and such certificate shall be signed by the parties to the marriage and by three witnesses.

(6) A marriage registered under this section shall, as from the date of registration, be deemed to have been solemnized under this Act.

Hope the information was useful.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

applicability of act

This Act covers marriages among Hindus, Muslims, Christians, Sikhs, Jains and Buddhists. This act applies to every state of India, except the state of Jammu & Kashmir. This Act extends not only to the Indian citizens belonging to different castes and religions but also to the Indian nationals living abroad.

REGISTRATION OF MARRIAGE CELEBRATED IN OTHER FORMS

Any marriage celebrated other than a marriage solemnized under the Special Marriage Act, 1872 or under the Special Marriage Act, 1954 may be registered under Chapter III of the Act by a Marriage Officer if the following conditions are fulfilled:

a ceremony of marriage has been performed between the parties and they have been living together as husband and wife ever sinceneither party has at the time of registration more than one spouse living;neither party is an idiot or a lunatic at the time of registration:the parties have completed the age of twenty-one year at the time of registration;the parties are not within the degrees of prohibited relationship:the parties have been residing within the district of the Marriage Officer for a period of not less than thirty days immediately preceding the date on which the application is made to him for registration of the marriage.

PROCEDURE FOR REGISTRATION

Upon receipt of an application signed by both the parties to the marriage for the registration, the Marriage Officer shall give public notice thereof in such manner as may be prescribed and after allowing a period of thirty days for objection and after hearing any objection received within that period, shall, if satisfied that all the conditions are fulfilled, enter a certificate of the marriage in the Marriage Certificate Book in the prescribed form and such certificate shall be signed by the parties to the marriage and by three witnesses.

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. You have not married in India as per Special Marriage Act. So your said marriage is not valid in India.

2. Get married in India and register your marriage in India as per any act prevalent in India including Special Marriage Act.

3. After that she shall have to reside in India for 7 years for applying for Indian citizenship.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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