• Is a marriage in US valid under Indian law?

I am a Hindu US citizen who wants to get married to an Indian citizen. If I marry the Indian girl in USA after bringing her over on a fiancee visa, will that marriage be valid under Indian law automatically, or does it need to be registered in India first?
Asked 7 years ago in Family Law
Religion: Hindu

7 answers received in 1 day.

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9 Answers

marriage solemnised in USA should be regsitered before the indian embassy in USA under provisions of foreign marriages act

2) your marriage would be valid in India

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

1. if the marriage is performed on compliance with prescribed Hindu rites and customs in USA then such marriage is perfectly valid.

2. You can then register the marriage in india or in USA under Foreign Marriage Registration Act.

3. If you want to register the marriage first then you can do so under Special Marriage aCT.

4. Since USA visa requires marriage certificate it is recommended that you first register the marriage in India and then apply for Visa.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

1. If your fiancée is also a Hindu and both of you marry under the provisions of the Hindu Marriage Act in US, then the marriage shall be automatically valid in India. In case the girl is not a Hindu, then you can marry her under Special Marriage Act which shall also be valid.

2. Registration of marriage in India first may enable her to get visa without any problem.

Shashidhar S. Sastry
Advocate, Bangalore
5183 Answers
317 Consultations

5.0 on 5.0

In Lord Advocate v. Jaffrey, Attorney-General for Alberta v. Cook, Satya v. Teja, held by the privy council as well as Supreme court of India that nationality is immaterial in private international law. you can marry with the girl irrespective of the fact that she is an Indian citizen.

as far as registration is concerned, if marriage is solemnized in USA then no registration is required under section 7 of the Hindu marriage act. Marriage could be registered if it is solemnized in India.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

the marriage will be valid automatically in India. You may registered the marriage before Marriage Registrar appointed by Indian Govt. in USA.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Hello,

The Marriage which is solemnized and registered in any foreign country between two Indians (whether or not either of them has NRI status or not is immaterial here) should be duly Registered under the Foreign Marriage Act, 1969 in any of the foreign country (before the Indian High Commission and or before the Indian Consulate Generals Office as the case is) OR should be certified under the Act in that foreign country where it was solemnized OR should be registered in India by the parties either under the Special Marriage Act, 1954 or any other Matrimonial enactment made for the registration of the marriage.

In case you are no longer an Indian citizen you will be required to get the registration done under the Special marriage act in India itself.

Regards

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

1. Under what law do you want to marry your fiancee? will it be as per Hindu Marriage Act by following the Hindu customs and rituals?

2. If you marry her by following Hindu customs and rituals then you can get your said marriage registered as per Hindu Marriage Act before the appropriate officer of Indian Consulate.

3. Indian Consulate situated abroad act as extension of Indian administration for which you can get your marriage registered there which will be treated as valid both in the USA and in India.

4. You can get your marriage registered in the above way even without performing any religious customs and rituals.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

A marriage anywhere in the world between two consenting adults is valid in India, albeit if you marry her in US then you cannot apply for registration thereof in India.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Foreign country means a country or place outside India, and includes a ship which is for the time being in the territorial waters of such a country or place; where you intend to get married with her.

You can get married in Consulate general of India of that country by following the procedures given below:

The prospective bride and groom need to appear in person/before the Marriage Officer along with three witnesses with residence visas.

They need to submit the prescribed “Notice of Intended Marriage” form duly filled along with a fee.

The form consists of notice, declaration and a sworn affidavit.

A date for solemnization of the marriage is given 30 days after the publication of the Notice and provided no objections are received from any quarter.

A day prior to the date of solemnization of marriage, original passports of the couple and witnesses are required to be submitted to the Marriage Officer.

On the scheduled date the prospective couple along with the three witnesses come to the Consulate for solemnization of the marriage.

Notice in the prescribed format is to be published in a widely circulated newspapers in the home country, at the place of permanent residence as indicated in the passports of bride and groom, and in the present country.

After the publication of Notice, the applicants are required to submit the concerned newspapers.

If one of the spouses not an Indian?

A No-Impediment (singleness) Certificate is to be obtained from their respective Consulate, which should be duly attested by the Ministry of Foreign Affairs, of that Government.

In case, where the Consulate does not issue such a certificate, a sworn affidavit attested by the respective Consulate of the non-Indian applicant needs to be submitted.

A certificate from the Consulate of the non-Indian applicant stating that his/her country’s respective law does not prohibit their nationals from marrying foreign nationals.

Any more local requirements shall be notified by the authorities after which you can solemnize the marriage in US to make this marriage valid in India..

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

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