• Civil marriage in Hong Kong

Hi, I am currently working in HK and my wife is a Filipino national. We had our civil marriage in HK. We also got the marriage certificate apostilled by the HK High Court and also attested by the Indian Consulate in HK. Me and my wife are intending to have the church marriage in Goa, India.
Will the apostilled marriage certificate be accepted in India since it has already been attested by the Indian Consulate? Also would we still need to do a civil Registration in India?
Asked 4 years ago in Family Law
Religion: Christian

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13 Answers

1. Since both of you are already married no second marriage with the same person is possible.

2. You can make some religious ceremony to celebrate your marriage previously registered but the the church would not issue any certificate for the marriage which has been done before and on a foreign soil.

3. You can make a formal marriage done in Church and get a certificate on effect thereto only on suppression of the your previous marriage HK which is not recommenced at all as of someone informs then your marriage in India may be invalidated.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

No since the marriage is registered in hong kong you can preform the rituals and ceremonies in India but the marriage date shall be treated as registered in Hong kong, no marriage registration in India is required.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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

2) marriage certificate would be accepted in India

3) no need to do civil registration in India

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

Certificate is valid and enforceable all over the world. Ceremony in GOA will be another event in continuation of your marriage. Date of marriage shall be same of HK, no further registration registration.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Registration of marriage is a mode of proof of marriage. On adducing the registration certificate of marriage, it may be presumed by the law that marriage is deemed to has taken place.A marriage in India is required to be registered under Indian marriage law. In case a marriage between an Indian and a foreign national is to take place in India, the marriage r has to solemnize under the Special Marriage Act of 1954.

The NRI marriages may be solemnized under either, The Special Marriage Act, 1954, The Foreign Marriage Act, 1969 . The Act provides facility for an Indian national to marry abroad with another Indian national or a national of another country or with a person domiciled in another country. Such a marriage may have been solemnized in

India or before a marriage officer in a foreign country.This Act provides that marriages where one of the parties to the marriage is an Indian citizen and the other party is a non-Indian, would be governed by the provisions of the Special Marriage Act, 1954.

If your marriage was done under Foreign Marriage Act, 1969 before the concerned officer in Indian embassy then it is valid one. Then marriage certificate would be accepted in India and no need to do civil registration in India. Other wise you should register the marriage under Special marriage act for getting protections under Indian laws.

In your case your marriage certificate is only attested by embassy and not approved as per Indian law. You can't get the benefit of Indian laws . You can use the certificate but not accepted every where in India

Ajay N S
Advocate, Ernakulam
3990 Answers
93 Consultations

5.0 on 5.0

1. You have married in Hong Kong as per the appropriate Marriage Act of the said Country.

2. You have not registered your Marriage as per Foreign Marriage Act or Special Marriage Act before the appropriate officer of the local Indian Consulate but have just apostled (i.e. notarised) your said Marriage Certificate issued by Foriein Authority.

3. You shall have to register your marriage again in India after solemnising your religious marriage before the Church in Goa, India. In that case the said marriage will be considered as valid in India.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Dear,

Yes this certificate be accepted in INDIA or everywhere.

No need to do a civil registration in INDIA.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

under the Foreign Marriage Act, 1969 any marriage solemnised outside India between both or one of the party who was Indian citizen, that marriage will be valid under this Act. The foreign marriage certificate can be validated and even foreign marriage registered under this Act through Indian High Commission in the foreign country by the parties.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Your marriage certificate certified by the Indian Consulate in Hong Kong will be accepted for the marriage incharge at Goa however as you an Indian national you have to get your marriage registered under special Marriage Act in Registrar office at your residence area to provide your wife legal and social acceptance in Indian system

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

hello

s. 17 of the foreign marriage act, 1969 lays down that:

17.Registration of foreign marriages.—(1) Where—

(a) a Marriage Officer is satisfied that a marriage has been duly solemnized in a foreign country in accordance with the law of that country between parties of whom one at least was a citizen of India; and

(b) a party to the marriage informs the Marriage Officer in writing that he or she desires the marriage to be registered under this section, the Marriage Officer may, upon payment of the prescribed fee, register the marriage.

(2) No marriage shall be registered under the section unless at the time of registration it satisfies the

conditions mentioned in section 4.

(3) The Marriage Officer may, for reasons to be recorded in writing, refuse to register a marriage under this section on the ground that in his opinion the marriage is inconsistent with international law or the comity of nations.

(4) Where a Marriage Officer refuses to register a marriage under this section the party applying for

registration may appeal to the Central Government in the prescribed manner within a period of thirty days

from the date of such refusal; and the Marriage Officer shall act in conformity with the decision of the

Central Government on such appeal.

(5) Registration of a marriage under this section shall be effected by the Marriage Officer by entering

a certificate of the marriage in the prescribed form and in the prescribed manner in the Marriage

Certificate Book, and such certificate shall be signed by the parties to the marriage and by three

witnesses.

(6) A marriage registered under this section shall, as from the date of registration, be deemed to have

been solemnized under this Act.

therefore you have to register this marriage in India.

regards

Rahul Mishra
Advocate, Lucknow
13755 Answers
65 Consultations

5.0 on 5.0

1. The Marriage which was solemnized and registered in any foreign country between two Indians (whether or not either of them has NRI status or not is immaterial here) can not give jurisdiction to Indian court unless and un-till the foreign marriage was duly Registered under the Foreign Marriage Act, 1969 in any of the foreign country (before the Indian High Commission and or before the Indian Consulate Generals Office as the case is) OR was certified under the Act in that foreign country where it was solemnized OR the marriage was got registered in India by the parties either under the Special Marriage Act, 1954 or any other Matrimonial enactment made for the registration of the marriage.

2. The family court in the foreign country where the marriage was solemnized and registered has jurisdiction to adjudicate the matrimonial dispute between the parties now.

3. Any other family court in any foreign country which recognises the marriage between the parties has jurisdiction to pursue the matter between the parties including divorce etc.

4. Indian courts do recognise the foreign marriage but what lack in instant brief is their adjudicating the matter between the parties is this legal formality of either registering the foreign marriage under the Indian enactment or getting it certified as stated in para 1 or para 2 replies based on your brief.

5. Since neither parties got their foreign marriage certified by Indian authorities in the Indian High Commission/Indian Embassy/Indian Consulate the problem to dissolve it now in India without any such Certificate having the Indian court cannot get jurisdiction to adjudicate any dispute between the parties to the marriage now.

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

Yes.Verymuch.We have a Marriage Consular Officer in Indian Embassy and if you register your marriage in front of him and get a marriage certificate,it is valid in India for all reasons.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

The marriage to be registered in Goa once again based on the certificate of solemnization of marriage in HK.

Instead of getting it registered in India, why dont you try to get your marriage registered in the Indian embassy in Hong Kong itself?

That would be an easier process.

In Gioa, the marriage can be registered under civil laws only and not under the special marriage act or foreign marriage act.

However yo need not get married again in church in india since your marriage has already been solemnised in Hong Kong.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

You are free to marry in Church in India but your date of marriage will continue to be the date on which civil marriage was performed in HK. Hence, you can register your marriage in India under Special Marriage Act only and only if it was done under the Foreign Marriage Act.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

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