• Hindu boy UK Citizen, Hindu girl Indian Citizen

Can a Hindu boy who is a UK Citizen marry a Hindu girl who is an Indian citizen, in India under The Hindu Marriage Act?
Asked 8 years ago in Family Law
Religion: Hindu

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16 Answers

both can get married under provisions of hindu marriage act as both are Hindus

2)then register the marriage

3) in alternative get married under provisions of special marriage act

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

Hi, both of you can marry and register your marriage under Hindu marriage act ..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Yes , as per section 7(2) of HMA perform saptapadi, click pictures together and apply for HM registry before marriage registrar. Mandatory it has to take place at wife's jurisdiction and wife stands as guarantor. Many may confuse you but thats the law.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

1. Yes, both of them being Hindu can marry as per Hindu Marriage Act in India.

2. They can also marry as per special Marriage Act in India.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Yes, if both of them are Hindu then irrespective of rationality of one spouse the marriage can be first solemnised as per Hindu rites and customs.

Thereafter there is no hindrance in registering the marriage under Hindu Marriage Act.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Respected sir/mam

The Foreign Marriage Act 1969 facilitates solemnization of civil marriages by Indian citizens outside the country, with another citizen or with a foreigner. This Act also is not concerned with the religion of the parties to an intended marriage; any person can marry under its provisions either within his or her own community or in a different community.

For carrying its purposes the Foreign Marriage Act empowers the Central Government to designate Marriage Officers in all its diplomatic missions abroad.

Numerous marriages take place in India which are outside the ambit of various personal laws but cannot be governed by the Special Marriage Act either for the reason of not having been formally solemnized or registered under it.

Thanku

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

Dear Sir,

In case a marriage between an Indian and a foreign national is to take place in India, generally its required to file a notice of intended marriage with a Marriage Registrar of your choice in India. That notice is required to be published for the stipulated 30 days. At the end of the 30 days the Marriage Registrar is free to perform the marriage.

The notice of intended marriage can only be given in India, if at least one partner is permanently and the other partner temporarily resident in India.

If one partner is residing in a foreign country then the partner who is resident in India will have to fill out the “Marriage Notice” collected from the Marriage Registration Office of his/her choice in India and send it to his/her partner in the foreign country who will also have to fill it out. This “Notice” should then be sent back to the partner in India who will have to re-submit it at the Marriage Registration Office. After the stipulated waiting period of 30 days the marriage can take place in India. Under the Special Marriage Act, 1954 a certificate showing the signatures of the persons married, the registrar and the witnesses will be issued. This Certificate is required as proof of the marriage and when applying for a visa to for a foreign country.

The following documents are required for both the partners:

-a valid Passport or a proof of address (Passport, ration card, voters ID card, rent agreement).

-a photo identity

-original Birth Certificate showing parents' names showing the age of above 21 and 18 years for groom and bride. -if the person concerned is widowed, the original death certificate of the deceased spouse

-3 adult witnesses.

-a photograph of both parties taken on that day.

-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)

The foreign citizen who wishes to participate in a civil marriage ceremony may be required to present to the marriage officer a “no objection letter” from the U.S. Embassy or Consulate of the respective country, as well as proof of termination of any previous marriages.

Similarly, a citizen of another foreign country may be required to present to the marriage officer a “no objection letter” from the Embassy or Consulate of his country, as well as proof of termination of any previous marriages.

In a nutshell, under the Special Marriage Act, the parties generally are required to wait at least 30 days from the date of initial application to formalize the marriage so that the marriage officer can publish a newspaper ad allowing for the opportunity for any objections to the marriage to be voiced.

Hope it is clear to you and you can proceed further. It is always better to engage a lawyer to get such marriage solemnized to avoid any legal impediments which he will be able to handle.

Procedure for Civil Marriage Ceremonies in India between an Indian and a foreignor. -

Parties who do not wish to marry in a religious ceremony can instead opt for a civil ceremony pursuant to the Indian Special Marriage Act of 1954.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Yes he can do so under the Hindu Marriage Act.

Anupam Kirti
Advocate, New Delhi
90 Answers
2 Consultations

Yes

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

No both can marry under foreign marriage act, 1969 as per indian laws

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

Since both are Hindus they can surely marry under HMA as it nowhere lays down that both shall be citizens of India.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Client,

Hindu Marriage Act applies to Indian territory only and not to any foreign citizen.

U r Hindu, must be followed with intellects of Hindu Law still the question remains that ur not an Indian Citizen, so if will get marry in India than procedure followed of Foreign Marriage Act and provisions of Special Marriage will apply.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

Both being Hindus by religion, can very well get their marriage solemnised as per Hindu religious rites and caste customs, however since one of them is not a citizen of India, their marriage can be registered under the provisions of Special marriage act only.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

Yes, You can marry her under special marriage act.

Please Call or whats app on (Nine seven one seven eight three two seven five five) to me. If you have further questions, would like me to help you to marry her in delhi.

Better advice can be given you only after have detail discussion with you. For further discussion & information about your case feel free contact me

Regards

Adv. Vikas Pandey

Vikas Pandey
Advocate, Delhi
26 Answers

Hello,

Hindu Marriage Act is not applicable to a person who is not a citizen of India.

You will have to solemnize your marriage as per the provisions of the Special Marriage Act.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Let me know if I can be of some help to you

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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