• Registering marriage under Hindu Marriage Act using foreign certificate

Hi,
 
My partner and I are both Hindus. We have a valid wedding certificate of Scotland, now we want to get our marriage registered in India using the Scottish certificate under Hindu Marriage act. I have questions which are - 

1. Is it possible to use this certificate as a replacement of Arya Samar certificate and register the wedding.
2. If not, do I need to give a notice of 30 days to get 
married.

Any more details would help
Asked 4 years ago in Family Law
Religion: Hindu

13 answers received in 1 day.

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17 Answers

Dear Querist

as both of you are Hindu and already married as per the certificate of Scotland, hence there is no requirement for any notice.

based on the marriage certificate issued by Scotland your marriage can be registered before Sub-registrar or marriage registrar in your area.

Go to Marriage Registrar office, file an application for registration of marriage under Hindu Marriage Act-1955 submit all the documents, like, ID and Address proof, copy of marriage certificate, passport size photographs(minimum 2 of each party) along with an affidavit of each party regarding the solemnization of marriage in Scotland as per Hindu rites and rituals.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

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.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

1) you can use the foreign marriage certificate for registration of foreign marriage solemnised abroad

2) You can register marriage in India you need to have a proof to show that your marriage is solemnized in UK . The marriage officer in India has to be satisfied that the marriage took place as per section 4 of the act, which talks about the conditions required to marry.

3)

not necessary for you to get married again in india

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Marriage registered anywhere in world is sufficient to register marriage in india provided a valid legal registered certificate should be annexed.

Shivam Sood
Advocate, Ludhiana
111 Answers
1 Consultation

4.2 on 5.0

1. For registration of marriage under HMA no other certificate is required. You require to state or show that you were married as per Hindu rites and customs.

2. Getting registration of marriage under HMA does not require 30 days notice also.

3. SO if you show that you were married each other in a temple with by a priest as per hindu religious text then your marriage can be so registered . But for this the Scottish certificate would be of no use.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. No this can not happen, if the marriage as been solemnized as per the laws of Scotland then the same has to be registered as per the Foreign Marriage Registration Act.

2. No that procedure is not to be followed.

Contact a local lawyer

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Section 5 of The Hindu Marriage Act specifies that conditions must be met for a marriage to be able to take place. If a ceremony takes place, but the conditions are not met, the marriage is either void by default, or voidable. Section 7 of the Hindu Marriage Act recognises that there may be different, but equally valid ceremonies and customs of marriage. As such, Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either the bride or the groom. These rites and ceremonies include the Saptapadi and Kreva.These ceremonies may vary according to the customs and traditions followed by the parties.

If you are doing the ceremonies at the time of marriage at Scotland then your marriage is valid. Registration provides written evidence of marriage. As such, the Hindu Marriage Register should be open for inspection at all reasonable times (allowing anyone to obtain proof of marriage) and should be admissible as evidence in a court of law. Section 8 of the Hindu Marriage Act allows a state government to make rules for the registration of Hindu marriages particular to that state, particularly with respect to recording the particulars of marriage as may be prescribed in the Hindu Marriage Register.

A marriage cannot be registered unless the following conditions are fulfilled:

1. a ceremony of marriage has been performed; and

2. the parties have been living together as husband and wife.

3. Additionally, the parties must 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.

So the certificate kept in your hand can be use for registration purpose. The first step in this process is to apply to the sub-registrar under whose jurisdiction the marriage has been solemnised, or either party to the marriage has been residing. But in your case the marriage was done at Scotland. So you may approach the District Registrar and file application before him. Now all the applications can be submit online. Once the application has been submitted and the documents verified, the concerned officer will assign a date of registration when the marriage certificate will be issued.

Ajay N S
Advocate, Ernakulam
3991 Answers
93 Consultations

5.0 on 5.0

Dear Sir,

If your marriage in Scotland is solemnised by Hindu ritual and rites and you are able to show that to the registrar then your marriage can be registered under hindu marriage act.

Also as you are already married no notice period requirement is there.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. A marriage solemnized outside India cannot be registered in India. A marriage registrar in India has no authority of law to register a marriage which has not been solemnized within the territory of India.

2. Your Scottish marriage certificate is valid in India for all legal and practical reasons.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Do not apply for any other marriage certificate document in India. It is settled law that when a person migrates from India he carries his personal law. Marriage is the subject of personal law therefore evidence regarding solemnization of marriage in foreign country  is admissible in India. If parties to the marriage or Hindu then no need to apply for marriage registration under the special Marriage Act. You should apply for marriage certificate under Section 8 of the Hindu Marriage Act, produce marriage certificate issued in Scotland. The marriage registrar will issue certificate on the basis of that evidence, it is immaterial that it is issued by an authority of foreign country. 

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Yes you can get the certificate of getting married at arya samaj mandir by supplying all relevant documents. Then you can apply to get the marriage registered at SDM office.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

1. Under which law/Act did you marry at Scotland and got your wedding certificate? Did you marry as per Hindu Customs and rites? Is there any invitation card for the said marriage ceremony or photographs? If yes, then you can register your marriage which has already taken place earlier as per Hindu customs and rites and also was registered at Scotland before the Court in India.

2. If there was no marriage solemnised as per Hindu customs and rites or registered as per Hindu Marriage act, then you shall have to register your marriage afresh as per HMA before the Marriage Registrar by giving 30 days notice.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

Dear Client,

If you have Indian nationality, than take your Marriage Certificate to an Indian Mission (embassy / consulate) near you and get yourself (and your wife) registered with them. They will just attest your Scot marriage certificate, nothing else.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Since both of you are Hindu your marriage ceremony photo and valid ID proof is enough to get certificate under Hindu marriage actact. No need to give thirty days notice

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

The marriage certificate from Scotland cannot be replaced by a Arya samaj certificate.

If you want to go for Arya Samaj certificate only then you may have to suppress the Scotland marriage certificate.

It is advisable that you better get your marriage registered under the provision of the special marriage act

That can be the best option before you for the present.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

You need to certify the said marriage by Indian authorities in the Indian High Commission/Indian Embassy/Indian Consulate in Scotland and register the same under Foreign marriage Act.

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

Prashant Nayak
Advocate, Mumbai
27275 Answers
88 Consultations

4.4 on 5.0

1. Yes, this is very much permissible. Get your marriage registered at the place where you or your husband hails from India.

2. No.Since you are registering this under HMA and not SMA.

3. In some states in India, like in Uttar Pradesh, marriage can be registered online. S, check if your state has this facility and get this done conveniently.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

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