• Registering HK marriage at Indian embassy

I am a British citizen planning to marry an Indian national in HK. We both are resident in Japan, however. 
Reason we decide to do in HK is because it requires less paperwork. 
However he wants to/has to? register this marriage at the Indian embassy. Only problem is how to do this. 
If we have a HK marriage certificate what is the procedure? First we get the HK apostilled by HK government and then take to the embassy? I am not sure the Indian embassy in Tokyo will accept a HK marriage certificate for registration because it is outside of their jurisdiction, so would this have to be done at the Indian embassy in HK?
This is a problem, because we need to return to Japan to go back to work. We cannot take so much time off work - can this be done via proxy? Please advise.
Asked 7 years ago in Family Law
Religion: Other

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8 Answers

1. Since both of you are Indian by origin then apply for registration of marriage through Indian embassy as it can register marriage under Foreign Marriage Registration Act which is considered as registration under Special Marriage Act.

2. Do not go for HK marriage certificate if both of you are still Indian passport holder and Hindu by religion.

3. Else  come to India, perform the marriage as per Hindu rites and customs and then register the marriage under Hindu Marriage Act. This whole process would not take more than a week and does not require much paper work.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

If you are residents of japan you should get married in Japan and registeryour marriage with Indian embassy under provisions of foreign marriage act 

 

2) if you are getting married in Hong Kong then marriage should be registered with Indian embassy under provisions of foreign marriage act 

 

3) 

At least one of the prospective bride or bridegroom must be an Indian national and a legal resident within the jurisdiction of the Consulate. If any one of prospective bride or bridegroom is not an Indian national, a No Objection Certificate from the concerned authority or an affidavit declaring his/her marital status and willingness to marry an Indian national, duly attested by the concerned authority need to be submitted. Three witnesses who are Indian nationals must be physically present along with the prospective bride and bridegroom at the time of submission of notice of intended marriage.

Required documents:

  1. Completed application form for "Solemnization/Registration of marriage" with one passport size photo affixed in the box.
  2. Fill in all the information correctly. Incomplete application will be returned without service.
  3. Original and one copy of identification pages of the passports of all the five individuals.
  4. Copy of Proof of address (utility bill, driver license or lease agreement).
  5. Copy of valid Visa/Green Card for Indian citizens and for other citizens of Indian origin attach a copy of their OCI card/PIO card/Renunciation of Indian Citizenship Certificate (if applicable).
  6. Notice of intended marriage (4 copies) (Form-I).
  7. Declaration by prospective bride and bridegroom in duplicate (Form-II).
  8. Sworn Affidavit by prospective bride and bridegroom in duplicate.
  9. Four identical, passport size, recent, photographs each of prospective bride and bridegroom.
  10. Fee $50 and $2 for ICWF.
  11. Fee is to be paid by cashier’s check or money order drawn only in favor of "Consulate General of India". There should be a seperate cashier's check or money order for ICWF Fee. Cash payment is also accepted at the counter of the Consulate. Applicants are requested to come with exact change for efficient services.
  12. Personal checks, Debit cards and Credit cards are not accepted.
  13. If application is being sent by post please sent a seperate $20/- cashier’s check or money order fee for return mail. No prepaid envelopes are accepted.

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

See it has to be registered under Foreigners marriage act under jurisdictional embassy.

Documents required are

  1. Completed application form for "Solemnization/Registration of marriage" with one passport size photo affixed in the box.
  2. Marriage certificate.
  3. Original and one copy of identification pages of the passports of all the five individuals inciuding three witness.
  4. Copy of Proof of address (utility bill, driver license or lease agreement).
  5. Copy of valid Visa/Green Card for Indian citizens and for other citizens of Indian origin attach a copy of their OCI card/PIO card/Renunciation of Indian Citizenship Certificate (if applicable).

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Please note that the Indian Embassy is not the registrar of marriages you can register your marriage locally And Get It authenticated by the embassy and that will be required to get your marriage registered in India for an Indian national registration of marriage in India is mandatory to claim any matrimonial benefit in India

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Please check with indian consulate and/or the Hong Kong Marriage Registration Office before hand to find out which documents you have to provide.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. Your Indian national fiancee  can marry before  the Indian consulate at Japan  or KH based on Foreign Marriage Act.

 

2. It will be valid in India also.

 

3. Marriage registered at HK and notarised by the Indian Consulate at HK will not be considered as registered in India but simply notarised by Indian consulate.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Yes it is to be done in Embassy of HK for jurisdiction purpose

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

The marriage performed in a foreign country cannot be registered as per Indian law in any Embassy.

They have to register the same before concerned marriage registrar in India under special marriage act.

Alternately you can get your marriage solemnised in Indian Embassy and register the same under special marriage act.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

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