• Can I register my marriage and get certificate from India when I already have one from USA

Myself and my husband are citizens of India and both are in H1-B and working in USA. Since our visa extension is in progress and couldn't able to travel to India for marriage, we did civil ceremony and registered our marriage in city county, USA on Nov-2018. But our parents want us to come by next year and do the proper wedding ceremony/religious marraige with invitation, marriage hall etc.. and get the marriage registered again in India with new marriage date. 
Question,
1.Will it be legal to have two marriage registration certificates with two different dates?
2. If I have two certificate with two different dates, which one will be used for future use(like green card, US dependent visa interview, something like Indian life insurance or loan to be acquired) in India/USA?
3.Since our parents want to register in India, do i need to inform registrar officer about the USA marriage registration details?
Asked 7 years ago in Family Law
Religion: Hindu

11 answers received in 1 day.

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13 Answers

You can register the marriage already solemnised in USA in India 

 

2)  you can have Indian wedding ceremony as desired by your parents . if you have marriage certificates with 2 different dates it causes un necessary legal complications 

 

3) for green card , dependent visa , loan etc use your USA marriage certicate 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1) For US based marriage will be valid as per USA law.

2) And for Indian based will be valid Indian law.

3) If any problem arise in future and need divorce only India based law will be applicable and not US. From US only mutual consent divorce will be applicable.

4) If you're going to stay in US for long life than stay with your decision of US based.

5) For parents satisfaction you can keep here reception and tell that marriage is performed in USA.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Just show your US certificate and get the same dated certificate in India, irrespective of your social marriage in India.

Sandeep Prakash
Advocate, Bangalore
308 Answers
2 Consultations

A marriage in India is required to be registered under Indian marriage law. Other wiose you could not enjoy the benefit of Indian law. 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. In India, a marriage can be registered under either of the two Marriage Acts: the Hindu Marriage Act, 1955 or the Special Marriage Act, 1954.

 

1.Will it be legal to have two marriage registration certificates with two different dates?2. If I have two certificate with two different dates, which one will be used for future use(like green card, US dependent visa interview, something like Indian life insurance or loan to be acquired) in India/USA?3.Since our parents want to register in India, do i need to inform registrar officer about the USA marriage registration details?

 

Answer:

A marriage which has already been solemnised can be registered either under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954. In your case register your marriage under Special marriage act ( After marriage Form) . So the contradiction of dates are not occured in this situation. and a registration certificate is also obtained from concerned authrity

Ajay N S
Advocate, Ernakulam
4124 Answers
114 Consultations

1. Well, I am not sure under what Act you have got your marriage registered in USA. Since you are not the citizen of that country the Marriage Act of that country is not binding on you nor enforceable in India either.

2. It appears that you performed marrige in USA as per Hindu rites and customs and if that is so then there is no impediment for you to get it registered under Hindu Marriage Act once you travel to India.

3. At the time of registration of your marriage under HMA in India there is no need to mention about registration done in abroad.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. No you cannot have to marriage certificate and legally you cannot marry twice to same person also.

 

2. It is not legal to have since your US marriage is valid and before same will be used.

3. See it will create contradiction you cannot register even you register that would be without disclosing US marriage.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes you can register your marriage in India on the basis of the marriage certificate from the USA you have to approach to the registrar of marriage of your city and apply for the registration of marriage on the basis of the marriage certificate available to you and the the marriage certificate issued by the registrar will have the difference of previous marriage certificate and date of marriage.

This is also required for the Indian nationals to register their marriage in India

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

As your marriage has already been registered in USA under its law, there is no need to register it again in India. You may, however, perform religious rites in accordance with your custom for the staisfaction of elders. You may use the US certificate for all official purposes.

 

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

1. No because one cannot marry the same perosn twice. Having said the above, nobody stops you from holding a civil/religious marriage ceremony afresh in India, but while registering your marriage in India, show the date of your US marriage so that there is consistency in your documents.

2. Do not go this way.

3. Yes, there is no problem in disclosing the factum of your US marriage to the Marriage Registrar in India.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

You can register your marriage before the Indian Consulate.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Better retain one certificate and if required, you can do the wedding ceremony to satisfy your parents.

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

You dont need to register he same at two places the certificate of US is valid in India.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

A marriage solemnised in US as per US laws and dulyregistered in US, cannot be registered in India once again.

Since it cannot be registered there is no question of two marriage certificates.

You can conduct a ceremony for the marriage already done in the form of a wedding reception ceremony and not marriage itself.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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