Married to foreigner in India as per Islam
My daughter Got married to an Afghan national in Hyderabad, four years ago according to Sharia (Muslim law). We have been issued the marriage certificate by Andhrapradesh Wakf board. The certificate is duly attested by Addl.Secretary to Govt, General administration Dept, State Secretariat, Hyderabad. How can I get my Daughter's marriage be registered. I need marriage certificate issued by marriage officer.
Asked 2 months ago in Family Law from ANANTHAPURAMU, Andhra Pradesh
On the basis of certificate issued already you may apply for marriage registration as per the procedures in vogue.
The marriage of your daughter is already registered and it has been duly certified by the public authority as well.
Except this there is no other way to register the marriage of your daughter.
The certificate you have is valid piece of evidence and it can not be re registered again.
You may check locally whether there is any way to issue a fresh certificate by the marriage officer which is very unlikely.
On the basis of certificate, marriage is proved but marriage with foreign national so it will governed by Special Marriage Act. You can apply at marriage officer attaching certificate, affidavit of Quazi, 2 witnesses, marriage cards etc.
Well, to marry a foreign national , marriage is solemnize when at least one of the potential couple must have stayed in India for a period of 30days and though court. In this case, apply to collector office for issue of certificate or have to follow the procedure of one month notice and court marriage.
Apply for registration of marriage under provisions of special marriage act
2) marriage between Indian and foreigner can be registered under SMA
3) The parties to the marriage are required to submit an application signed by both of them to the Marriage Officer concerned, along with a marriage affidavit. The Officer will then proceed to give a public notice of the application in the prescribed manner. After allowing a period of thirty days for objection, the marriage Officer, if satisfied, will enter a certificate of the marriage in the Marriage Certificate Book, which shall be signed by the parties to the marriage and three witnesses.
To get marriage certificate , Muslim couples needs to apply for marriage certificate in the office of local marriage registrar . Upon completing the official formalities marriage certificate is issued to the married couples.
Earlier “Nikahnama “ issued by Kaazi was considered as marriage certificate in case of Muslim couples , but now getting Marriage certificate from Govt. marriage registrar office is requirement as per law.
Muslim marriage registration rule varies from state to state . In some states its registered under special marriage act and it takes 30 days time. In some states registration is done under state marriage act and is done in 1 day .
A court marriage can be performed between an Indian male and a female irrespective of their caste, religion or creed. It can also be solemnised between an Indian and a foreigner. The procedure of the Court marriages does away with the rituals and ceremonies of the traditional marriages. The parties can directly apply to the Marriage Registrar for performance & registration of marriage and grant of marriage certificate.
Since the marriage is between an Indian and a foreigner the marriage has to be registered under special marriage act only, even though the marriage was solemnised under Muslim personal law or as per Shariat laws.
The procedure to be followed for registering the marriage under special marriage act can be known by visiting the Marriage officer or the registrar of marriage within your jurisdiction.
The marriage can be registered under AP compulsory marriage registration 2002 (https://www.google.co.in/url?sa=t&source=web&rct=j&url=http://www.lawsofindia.org/pdf/andhra_pradesh/2002/2002AP15.pdf&ved=2ahUKEwjru4y4gbvdAhXQfX0KHbpSBfsQFjAKegQIARAB&usg=AOvVaw0G3ZkAVJZZhmAiV2jEgFNd) with The registrar of the marriages.
Refer to section 8 of the above cited act and in accordance the marriage can be registered.
Marriage between Indian and foreign is governed under the provisions of special Marriage Act, so they would have to get the marriage registered under the said act.
Under the Special Marriage Act of 1954, it is clearly stated that at least one of the potential couple must have stayed in India for a period of 30days before applying to get married.
Advocate, New Delhi
1. She has to apply for registration of her marriage under SMA under which the marriage with a foreign national can also be registered.
2. If the application is filed in the prescribed format and no objections are received on the public notice issued by the marriage registrar within 30 days then marriage will be registered.
1) You have to apply to marriage Registrar in Hyderabad city, further details you will get from there.