• Marriage abroad - have church certificate - want to register our marriage in India

Dear Sir/Madam,
I married in UAE in a church to a Foreigner,we have not registered our marriage in Indian Embassy,we have church certificate,which is attested by Indian embassy,and UAE government, now we are settled in India.can anybody suggest me how can i get my marriage registered from India.
Thank you for your response.

Thankfully
Soumen
Asked 1 year ago in Family Law
Religion: Christian

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27 Answers

You may get this marriage registered by making an application before the concerned Registrar at the place/district where you reside permanently. 

You will need to share details such as date and place your marriage etc. 

Contact a local lawyer. 

Vibhanshu Srivastava
Advocate, New Delhi
9104 Answers
179 Consultations

5.0 on 5.0

You can register your marriage under provisions of special marriage act 

 

2) 

for registratioon of marriage performed abroad in india you have to appreoach marriage regsitrar office in india

3) Both partners need to fill the relevant application form, sign it, and submit it, along with photocopies of the necessary documents , such as age proof and address proof

4)The following documents are required for both the partners:

a valid Passport

original Birth Certificate showing parents' names

if the person concerned is widowed, the original death certificate of the deceased spouse

If divorced, copy of the final decree

documentary evidence regarding stay in India of the parties for more than 30 days (ration card or report from the concerned SHO)

5)ffidavit by both the parties stating place and date of marriage, date of birth, marital status at the time of marriage and nationality and that the parties are not related to each other within the prohibited degree of relationship as per Special Marriage Act

6. Two passport size photographs of both the parties and one marriage photograph.

7. Marriage invitation card, if available.

8 If marriage was solemnized in a religious place, a certificate from the priest is required who solemnized the marriage.

Ajay Sethi
Advocate, Mumbai
78561 Answers
4712 Consultations

5.0 on 5.0

Since you have already married based on the certificate you can register your marriage under special marriage act before the Marriage Registrar. You can apply with the certificate and affidavit for registration and same. 

Shubham Jhajharia
Advocate, Ahmedabad
25476 Answers
111 Consultations

5.0 on 5.0

You can register under the Indian foreign marriage act and get the Indian certificate.

Ganesh Kadam
Advocate, Pune
11425 Answers
106 Consultations

4.9 on 5.0

Marriage would have registered at Indian Embassy, to register it in India, have to do court marriage. Well, attested by Indian embassy,and UAE government valid proof of marriage.

Yogendra Singh Rajawat
Advocate, Jaipur
21157 Answers
31 Consultations

4.4 on 5.0

You need to register it through any particular Act Or law in india like special marriage Act or foreign marriage Act. 

Prashant Nayak
Advocate, Mumbai
21846 Answers
46 Consultations

4.4 on 5.0

An attested copy of marriage certificate issued  by embassy is would only be accepted as a valid proof for marriage certificate. 

Mohammed Mujeeb
Advocate, Hyderabad
18457 Answers
11 Consultations

4.5 on 5.0

Marrying a person from another nationality is governed by the Special Marriage Act.

The Central Information Commission while highlighting the applicability of the Special Marriage Act has also categorically clarified that if groom and bride belong to different religions or countries, they have to marry under Special Marriage Act, 1954 as they are not permitted to marry under personal marital laws. Some people may not desire to perform marriage as per their religious customs and prefer marriage under Special Marriage Act. There exists a 30-day notice requirement to be given in India if one partner is permanently and the other partner is temporarily residing in India. Marriages between Indian and a foreign national also shall be registered under this Act. If one partner is residing in the foreign country, the ‘Marriage Notice’ form has to be filled by the partner in India and also the partner in the foreign country, which has to be resubmitted by the partner in India to the Registration office.

T Kalaiselvan
Advocate, Vellore
68580 Answers
921 Consultations

5.0 on 5.0

You need to make application to registrar of marriage for registration along with your church marriage certificate IDs of both groom and bride along with witnesses.

The marriage will be registered under foreign marriage act 1969.

Mohit Kapoor
Advocate, Rohtak
10348 Answers
7 Consultations

5.0 on 5.0

People have child without marriage and later they get marry and valid for all purpose. No bar under Special Marriage Act, what is the need of conversion, situation will remain same.

Foreign marriage Act & Special Marriage Act both have same provisions, only difference is marriages of citizens of India
outside India.

Yogendra Singh Rajawat
Advocate, Jaipur
21157 Answers
31 Consultations

4.4 on 5.0

if your marriage has been solemnised abroad you can register your marriage with indian consulate under provisions of foreign marriage act 

 

2)if however you have already come down to India then marriage can be registered under provisions of special marriage act 

Ajay Sethi
Advocate, Mumbai
78561 Answers
4712 Consultations

5.0 on 5.0

Any Act can be only used when the marriage is solemnized in the said Act. 

Prashant Nayak
Advocate, Mumbai
21846 Answers
46 Consultations

4.4 on 5.0

The marriages which are Solominzed in foreign need
to be registered in India under the Special
Marriage Act, 1954. For this purpose, you are
required to obtain a letter from the embassy of the
country in which the marriage has been
registered. After receiving the letter, you have to
follow the procedure as per Indian law. 

Mohammed Mujeeb
Advocate, Hyderabad
18457 Answers
11 Consultations

4.5 on 5.0

You need to approach court against registrar of marriage for giving mandatory injunction for registration of marriage. 

Mohit Kapoor
Advocate, Rohtak
10348 Answers
7 Consultations

5.0 on 5.0

See since marriage is already registered  it cannot be registered under foreign marriage act. 

Shubham Jhajharia
Advocate, Ahmedabad
25476 Answers
111 Consultations

5.0 on 5.0

If you have a child born out of your wedlock then if there is no provision to register your foreign marriage once again in India, you may have to be contended with the marriage certificate what you obtained from the country Philippines.

Dont go for conversion or any other type  of marriage which will complicate the issue much more and you may have to face more legal hassles due to that.

Let your child remain a foreigner and you can look for the possibilities for getting OCI to hi if the provisions of law permit him to get one at a later stage.

The Scheme provides for registration as Overseas Citizen of India (OCI) of all Persons of Indian Origin (PIOs) who were citizens of India on 26th January, 1950 or there after or were eligible to become citizens of India on 26th January, 1950 except who is or had been a citizen of Pakistan, Bangladesh or such other country restricted by Indian law.

A foreign national, who was eligible to become a citizen of India on 26.01.1950 or was a citizen of India on or at anytime after 26.01.1950 or belonged to a territory that became part of India after 15.08.1947 and his/her children and grand children, is eligible for registration as an Overseas Citizen of India (OCI).

T Kalaiselvan
Advocate, Vellore
68580 Answers
921 Consultations

5.0 on 5.0

Whoever informed you is wrong.

Eligibility for marriage under special marriage act is

- should have no other subsisting valid marriage.

- groom must be at least 21 years old; the bride must be at least 18 years old.

- mental capacity

- parties should not fall within the degree of prohibited relationship.

attested by Indian embassy,and UAE government valid proof of marriage.

Yogendra Singh Rajawat
Advocate, Jaipur
21157 Answers
31 Consultations

4.4 on 5.0

You should be able to register your marriage 

 

non registration does not affect validity of your marriage 

Ajay Sethi
Advocate, Mumbai
78561 Answers
4712 Consultations

5.0 on 5.0

That's good but you can have some or other way out. Best of luck

Prashant Nayak
Advocate, Mumbai
21846 Answers
46 Consultations

4.4 on 5.0

See they can register the marriage under special marriage act under this provision Registration of Marriage Celebrated in other forms
15. Registration of marriages celebrated in other forms.-
Any marriage celebrated, whether before or after the commencement of this Act, other than a
marriage solemnized under the Special Marriage Act, 1872 or under this Act, may be registered
under this Chapter by a Marriage Officer in the territories to which this Act extends if the
following conditions are fulfilled, namely:
(a) a ceremony of marriage has been performed between the parties and they have been living
together as husband and wife ever since
(b) neither party has at the time of registration more than one spouse living;
(c) neither party is an idiot or a lunatic at the time of registration:
(d) the parties have completed the age of twenty-one year at the time of registration;
(e) the parties are not within the degrees of prohibited relationship:
Provided that in case of a marriage celebrated before the commencement of this Act, this
condition shall be subject to any law, custom or usage having the force of law governing each of
them which permits of a marriage between the two; and
(f) the parties 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 of the marriage. 

Shubham Jhajharia
Advocate, Ahmedabad
25476 Answers
111 Consultations

5.0 on 5.0

Perhaps the marriage officer is trying to look for ways of suppressing the fact of your child and get you marriage registered , may be because he may doing it on some consideration.

You can go ahead if you are confident about it otherwise dont get trapped by any false issues

T Kalaiselvan
Advocate, Vellore
68580 Answers
921 Consultations

5.0 on 5.0

It will be good for you if they find some provision for registration of your marriage. 

Good luck. 

Mohit Kapoor
Advocate, Rohtak
10348 Answers
7 Consultations

5.0 on 5.0

Any marriage already celebrated can also be registered under the Special Marriage Act after giving a public notice of 30 days.

if registrar refuses to register the marriage file writ in HC to direct registrar to register your marriage 

Ajay Sethi
Advocate, Mumbai
78561 Answers
4712 Consultations

5.0 on 5.0

If the marriage officer is not entertaining the application for registration of marriage, you may ask him to return it with the reasons in writing so that you can prefer an appeal against the same before the district registrar.

If you fail to invoke any response from the district registrar too then you may approach court with a suit for direction to the marriage officer to register the marriage as per rules on the basis of the documentary evidences you may rely upon.

 

T Kalaiselvan
Advocate, Vellore
68580 Answers
921 Consultations

5.0 on 5.0

You have to obtain the certificate of marriage from.the place you married.

Shubham Jhajharia
Advocate, Ahmedabad
25476 Answers
111 Consultations

5.0 on 5.0

Apply for fresh marriage. Court marriage cannot be refuse. One month prior notice will issue by registrar. And what is the need. Attested by Embassy, valid proof.

Yogendra Singh Rajawat
Advocate, Jaipur
21157 Answers
31 Consultations

4.4 on 5.0

You can file writ petition in HC against that order

Prashant Nayak
Advocate, Mumbai
21846 Answers
46 Consultations

4.4 on 5.0

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