• Special Marriage Act to register if married in the US

Hello,

My fiancee and I are both Indian citizens.

I live in Canada. My fiancee currently lives in Mumbai and is travelling to the States next week.
We are getting married in Washington DC (civil marriage) at the end of April 2017. We will be in the States on tourist visa.

I'm widowed and my fiancee is divorced. All our documents (divorce decree, death certificate, previous marriage registration, etc) are from India.

We want to register our Washington DC marriage under the Special Marriage Act 1954 in India when we get back to the country in June/July.

Please guide us on the procedure for the same.

Thanks.
Asked 7 years ago in Family Law
Religion: Hindu

12 answers received in 1 day.

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12 Answers

the foreign marriage can be Registered under the Foreign Marriage Act,1969 in USA (before the Indian High Commission and or before the Indian Consulate Generals Office as the case is)

2) for registratioon of marriage performed abroad in india you have to appreoach marriage regsitrar office in india

3) Both partners need to fill the relevant application form, sign it, and submit it, along with photocopies of the necessary documents , such as age proof and address proof

4)The following documents are required for both the partners:

a valid Passport

original Birth Certificate showing parents' names

if the person concerned is widowed, the original death certificate of the deceased spouse

If divorced, copy of the final decree

documentary evidence regarding stay in India of the parties for more than 30 days (ration card or report from the concerned SHO)

5)ffidavit by both the parties stating place and date of marriage, date of birth, marital status at the time of marriage and nationality and that the parties are not related to each other within the prohibited degree of relationship as per Special Marriage Act

6. Two passport size photographs of both the parties and one marriage photograph.

7. Marriage invitation card, if available.

8 If marriage was solemnized in a religious place, a certificate from the priest is required who solemnized the marriage.

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

Dear Querist

If both of you are willing to solemnized your marriage in Washington DC and later on registered under Special marriage act then no need to worry, after solemnized the marriage you and your husband may file an application before the sub registrar of your area for the registration if marriage under the special marriage act if both of you are from different religion if both of you are Hindu then your marriage registration will be done under Hindu Marriage registration act.

For the purpose of registration of Marriage the required documents are as under:

1. Photo Identity proofs

2. Address proof

3. Passport size photographs

4. One marriage photograph

5. Marriage certificate issued by priest

6. Affidavit regarding the date of birth and solemnization of marriage.

7.required fees

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1. A marriage solemnized/contracted outside India cannot be registered in India under Special Marriage Act. The registrar of marriage in India has the jurisdiction to register only those marriage which have been solemnized within his jurisdiction.

2. You can though register your marriage under Foreign Marriage Act before the Indian Consulate in US.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. If you want to register the marriage in india then you will have to apply the same afresh.

2. Or you can perform ceremonial marriage in USA and then register the marriage under Hindu Marriage aCTIN INDIA.

3. Another option is to register the marriage in USA under Foreign Marriage Registration Act which the competent officer from indian Consulate can issue.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

Foreign marriage is recognised under Indian law

2) since you and your wife are getting married in USA advisable to register in under foreign marriage act in USA

3) you can approach marriage registrar in Mumbai for registering your marriage under SMA

4) affidavit by both the parties stating place and date of marriage, date of birth, marital status at the time of marriage and nationality and that the parties are not related to each other within the prohibited degree of relationship as per Special Marriage Act

6. Two passport size photographs of both the parties and one marriage photograph

7) certificate of marriage performed abroad

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

I have already advised and have nothing to add more.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

If I want to get it registered in India(Mumbai) for the same date then what is the procedure?

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:

1. a ceremony of marriage has been performed between the parties and they have been living together as husband and wife ever since

2. neither party has at the time of registration more than one spouse living;

3. neither party is an idiot or a lunatic at the time of registration:

4. 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:

5. 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.

So you take the photographs and marriage invitation card and apply to register the marriage in the status after marriage .Parties who intend to get married under the Special marriage Act shall give a notice in writing in the specified form 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. 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 N S
Advocate, Ernakulam
4079 Answers
111 Consultations

5.0 on 5.0

1. Yes, it will be valid in India too.

2. as above, registration of marriage.

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Marriages needs to be registered in India under Special Marriage Act to make it valid/legal in India.

The parties to marriage may get their foreign marriage certified by Indian authorities in the Indian High Commission/Indian Embassy/Indian Consulate of the country where it was solemnised after which it can be registered in India under Foreign marriages act or Special marriages act.

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. 5. Notice of intended marriage. 5.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.

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"

Where a notice under section 5 is given to the Marriage Officer, he shall cause it to, be published- (a) in his own office, by affixing a copy thereof to a conspicuous place, and (b) in India and in the country or countries in which the parties are ordinarily resident, in the prescribed manner

Solemnization of marriage where no objection made.-If no objection is made within the period specified in section 8 to an intended marriage, then, on the expiry of that period, the marriage may be solemnized.

There are plenty more formalities to be complied which are practical and you may comply with them at the time of application for registration.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

Is a foreign marriage recognized as per Indian law?

provided the conditions for this are not contravened.

If I want to get it registered in India(Mumbai) for the same date then what is the procedure?

You may follow the instructions as contained which are kept dangling on the display board of the marriage registrar's office.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

1. Is there any special reason for getting married in USA in end of April when you have decided to marry in India as per special marriage act in June/July?

2. If it is not otherwise required, you can avoid your marriage in USA and marry in India in June/July as planned by you since both of you being Indians, your marriage in USA as per USA law and on tourist Visa might attact problem later on.

3. However, if you are required to marry in USA, it will be prudent on your part to marry as per special marriage act before the local Indian consulate.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. Foreign Marriage Certificate is acceptable in India but in your case, non of you are he residents of USA which might attract complications later on.

2. You can marry in USA as per special marriage act before the Indian consulate.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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