Hi Friend
1) Yes , its possible to get your marriage register in the India. As per
3.5.i Type of Marriage Ceremony for Non-Resident
Indian Marriages
Every Hindu domiciled in India shall be governed by
the Hindu Marriage Act, 1955 and those whose marriage
has been solemnized under the Special Marriage Act, 1954
would be governed by the Special Marriage Act, 1954.
The Special Marriage Act, 1954 provides for a civil
form of marriage, which can be availed of by any one
domiciled in India irrespective of the religion, through
registration as provided in Chapter II of the Special
Marriage Act, 1954, by fulfilling the conditions laid down
in clause (a) to (e) of Section 4 of the said Act. Thus the
Hindus availing of Chapter II of the Special Marriage Act,
1954 i.e. Sections 4 to 14 would be outside the pale of the
Hindu Marriage Act, 1955. Having married under the
Special Marriage Act, 1954 they cannot be heard to
complain of the rigors. 27
A certificate of registration of marriage under the
Special Marriage Act, 1954 operates as conclusive evidence
of two facts: (1) the marriage under the Act had been
solemnized and (2) that the formalities respecting
signatures of witnesses have been complied with.28
Kerala High Court
Many NRIs of Hindu origin who have foreign domicile
or have acquired a foreign citizenship, come to India and
solemnize their marriage either with an Indian national
spouse or with a foreign domiciled spouse in India in
accordance with customary rites and ceremonies under
Hindu Marriage Act, 1955 and have to get their marriage
registered in India for purposes of immigration or entry
into their present foreign home country. They are faced
with the dilemma as to whether they should get their
marriage registered under Special Marriage Act, 1954 or
under Hindu Marriage Act, 1955. In the first Act, there is a
prolonged process of time i.e. two months notice and
prescribed objection period before the Certificate of
marriage can be obtained while in the second Act this
period is spared. However if one of the spouses is a
foreigner and not Hindu by religion at the time of marriage
ceremony, they will have to get their marriage registered
under Special Marriage Act, 1954.
In (Vinaya Nair v. Corporation of Kochi, AIR 2006 Ker.275.)
Kerala High Court in case
has ruled that Hindu Marriage
Act, 1955 has extra-territorial operation and applies to all
Hindus even if they reside in different parts outside India.
However, both parties must be Hindu by religion in any of
its forms and they satisfy the conditions and have
performed the ceremonies provided in the Hindu Marriage
Act, 1955. There can be no denial by local authorities to
register marriages under Hindu Marriage Act, 1955
between Hindus having foreign domicile who have
solemnized marriages under Hindu Marriage Act, 1955.
On the question of marriage between two Hindus, one
being not of Indian domicile, Kerala High Court30 has held
that Section 1(2), Hindu Marriage Act, 1955 specifically
makes it clear that the Act extends to the whole of India
except the State of Jammu and Kashmir and also that it
applies to Hindus domiciled in the territories to which this
Act extends, who are outside the said territories. Therefore,
the Act will apply to a Hindu outside the territory of India,
only if he is a Hindu domiciled in the territory of India.
Therefore, only those Hindus having permanent residence
in India will be covered by the Hindu Marriage Act, 1955.
There cannot be a Hindu marriage between a Hindu and a
Christian.