You need to get the same registered under foreign marriage Act in that country then the same will be recognized in india
I am Indian Muslim, I want to get married to foreigner Muslim girl. This will be my second marriage. Can I get the marriage registered directly in India or 1st I have to registered this marriage in foreign country and then get is registered in India? Would foreign country marriage certificate will entitled to get spouse visa for India ?
You need to get the same registered under foreign marriage Act in that country then the same will be recognized in india
1. Well , since polygamy upto four wives is allowed among Muslims there is no legal hurdle for you to marry second time.
2. However to perform your second marriage you will have to do this under Sharia law.
3. Though registration of marriage with a foreign national is permissible under Special marriage Act, since it is second marriage you can register your second marriage except under sharia law.
You cannot register marriage under SMA as you are already married
for registration of marriage under SMA it is necessary that both should be un married or divorced
You can based on the marriage certificate from qazi from abroad can register the marriage in India. Also you can marry abroad get marriage registered Foreign Marriage act there and can apply for visa.
Dear Querist
the marriage can not be registered in India as you have already another wife untill and unless the marriage was dissolved and a divorce decree was granted by the Family court, the registrar office can not consider your application.
It will be better for you to solemnized your marriage and registered the same in her country and apply for the Spouse visa based on that registration certificate.
Dear Sir,
In India and some of the Muslim countries Nikahnamma is sufficient proof of Nikah or Muslim Marriage,however in other countries for the purpose of immigration/spousal visa the proper marriage certificate issued by the Registrar of Marriages of the District where marriage was solemnized and/or where the parties usually resides will be sought by the foreign authorities.
It is not only this Marriage Certificate that is required but this has to be further bear authenticity/verification/Apostile from MEA, New Delhi.
The Valid Marriage Certificate is issued by the Registrar of Marriages only after the registration of the marriage with the officer.
As far registration of Muslim marriage is concerned, this can be registered under the State Marriage Registration Act of the State where it was solemnized and parties resides or under the Special Marriage Act,1954 anywhere in India where the Parties to marriage reside for not less than 30 days.
The Notice period of 30 days required only for marriage registration under the SMA,1954 and not for other State Marriage Registration Acts.
You should first find if the State in India where you stay and are getting married has any such State Marriage Registration Act or not if that State has the said mentioned Act than get the Nikah registered under that Act only and get Marriage Certificate from the Registrar of Marriages under the Act.ks after the wedding.
Marriage with foreigner shall be govern by Foreign marriage act solemnized out of India, but you are in eligibility due to living spouse.
Only customary marriage as per Islam is possible but that will not be legal in India.
If can get marriage certificate from foreign country than valid in India, to marry foreign national in India and certificate, only court marriage which is not possible due to living spouse.
- As per Shariat law , you can go for a second marriage with an Indian or foreigner muslim girl.
- But registeraton of second marriage in India , sometimes not acceptable by the Registrar of marriage without the consent of the first wife.
- Hence, if you have permission from your first wife , then you can proceed under Special Marriage Act for registeraton in India
- For registereing the marriage in India ,the followings are needed :
- Further , under the Foreign Marriage Act, Any marriage solemnised outside India between both or one of the party who is Indian citizen, that marriage will be valid under this Act.
- Hene, you can registered your marriage in foreign country under the Foreign Marriage Act. which is valid in India , and there is no need to registered in India , Specially when that girl is a foreign citizen.
Good luck and dont forget to rating Positively.
You cannot get your marriage registered in India because you are already married and bigamy is not legal in India under Foreign marriage act and special marriage act.
You can register your marriage in foreign country and it will be considered as valid marriage in India.
In India this will come under special marriage act as your new spouse is a foreigner.
As per special marriage act, evidence of eligibility to be married is usually required. Anyone who hasn’t been married should obtain a single status affidavit (in the US), a Certificate of No Impediment (in the UK), or Certificate of No Record (in Australia). If you’re divorced, you’ll need to produce the Decree Absolute, or if you’re widowed, a copy of the death certificate.
Therefore you may not legally valid marriage certificate under the special marriage act since your marital status is 'married'.
The personal law will not be applicable to special marriage act and the marriage solemnised under your personal law with a foreigner may not be considered as legally valid marriage as far as Indian laws are concerned.