Dear Sir, My wife is an american citizen (christian) by birth and I m Indian citizen (Hindu). Two years ago in June 2015 we went to Ghaziabad local court and registered our marriage under "Hindu Marriage Act". We hired a lawyer who prepared all the document for us and he never mentioned that if we registered our marriage under "Hindu Marriage Act" will disqualify my wife from applying for her OCI in the future. Since then my wife and I have been living together in India. She is holding X-entry visa which will expire in 2020. My wife recently applied for her OCI card but the F.R.R.O officer told us that she can't apply for the OCI card because our marriage is registered under "Hindu Marriage Act" therefore we have to register our marriage under "Special Marriage Act" and then reapply. So now I m not sure what to do and so much confused ? 1) Should we register our marriage under Special Marriage Act if yes then how ? and if its legal because we already have a marriage certificate under "Hindu Marriage Act" which is registered and apostille by Govt of India ? 2) There is nowhere its mentioned in OCI official website that she can't apply for OCI card if she has a marriage certificate under "Hindu Marriage Act" all it says that we need to provide a registered marriage certificate to apply for the OCI. 3) If we have to remarry under "Special Marriage Act" to obtain the OCI. Does that mean we have to divorce ? and then remarry with a new date and register our marriage under Special Marriage Act ? 4) Another thing which i m worried about is that i already applied for my US Spousal visa and sent all the documents including the marriage certificate that i currently have and spousal visa is still under process. So If i register my marriage again under Special Marriage Act or transfer it in Special Marriage Act. Wouldn't it create issues for me to get my spousal visa ? So much confused so please help :)
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1)your marriage could not have been solemnised under provisions of HMA as your wife is not hindu
2) for valid marriage under HMA it is necessary that both parties be hindus
3) your marriage is a nullity
4) file petition for declaration that marriage is nullity as wife did not covert into Hinduism . if wife does not contest you would get court orders in a year
5) then remarry under provisions of SMA
6) with draw your application for spousal visa
We have Conversion Certificate from Arya Samaj Mandir which we obtain our wedding day 2 years ago so that we could register our marriage under Hindu Marriage Act. Now what to do ?
if your wife has converted into Hinduism then your marriage is legally valid
2) you can register your marriage already solemnised under provisions of SMA without being divorced
If such a criteria is there by OCI, then register it under special marriage act.. You don't have to take divorce.. It just that under which criteria your marriage had to be registered
1. You need to register this marriage under Sec 15 of SMA to make it legally valid. Consult a lawyer of your place and arrange accordingly.
2.Sec. 15 of SMA does not envisage a divorce for marrying a foreign citizen.
3.Your visa requirement may not get jeopardised if you have a valid marriage certificate as per SMA even if visa is granted based on your certificate as per HMA.
1. Since your marriage has already conducted, you may register your marriage under special marriage act by following the procedures meant for the registration of the same accordingly. Dont worry about the marriage already registered, since it is not valid, just remain silent about it.
2. When your marriage itself is not valid then where is the question of law permitting you to get OCI based on the marriage. Dont read between the lines or misinterpret law to your convenience.
3. You do not have to re-marry, but you have to register the marriage already solemnized, under special marriage act.
4. Yes, this would create problem to you hence you must act wisely.
We have Conversion Certificate from Arya Samaj Mandir which we obtain our wedding day 2 years ago so that we could register our marriage under Hindu Marriage Act. Now what to do ?
Even if she is converted the marriage can be registered under special marriage act only because she is a foreign citizen.