• Marriage between two Indians in foreign country

Hi,

I'm in love with a girl (Indian) who is working in UK. Since her family is opposing our relationship, we are planning to get married each other there in UK. Could you please advise on laws supporting marriage b/w two Indians in a foreign country. Will it be valid in India. Can we register our marriage under special marriage act before an authority in embassy?
Asked 6 years ago in Family Law
Religion: Christian

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

18 Answers

You can get married in UK and register your marriage in UK under provisions of foreign marriage act with the Indian embassy or consulate 

 

2) in alternative register marriage in India under provisions of Special marriage act 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You can marry in London and can get your marriage registered under Foreign Marriage Act in Indian embassy, the marriage shall be valid in India. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

No there wont be any issue. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

you can reach Uk  with visitor visa and get married 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Sir,

The marriages which are registered abroad 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 mentioned in the Indian Law to get the marriage registered in India.

1. The Marriage which was solemnized and registered in any foreign country between two Indians (whether or not either of them has NRI status or not is immaterial here) can not give jurisdiction to Indian court unless and un-till the foreign marriage was duly Registered under the Foreign Marriage Act, 1969 in any of the foreign country (before the Indian High Commission and or before the Indian Consulate Generals Office as the case is) OR was certified under the Act in that foreign country where it was solemnized OR the marriage was got registered in India by the parties either under the Special Marriage Act, 1954 or any other Matrimonial enactment made for the registration of the marriage.

2. The family court in the foreign country where the marriage was solemnized and registered has jurisdiction to adjudicate the matrimonial dispute between the parties now.

3. Any other family court in any foreign country which recognises the marriage between the parties has jurisdiction to pursue the matter between the parties including divorce etc.

4. Indian courts do recognise the foreign marriage but what lack in instant brief is their adjudicating the matter between the parties is this legal formality of either registering the foreign marriage under the Indian enactment or getting it certified as stated in para 1 or para 2 replies based on your brief.

5. Since neither parties got their foreign marriage certified by Indian authorities in the Indian High Commission/Indian Embassy/Indian Consulate the problem to dissolve it now in India without any such Certificate having the Indian court cannot get jurisdiction to adjudicate any dispute between the parties to the marriage now.

• Marriages needs to be registered in India under Special Marriage Act to make it valid/legal in India to get it’s jurisdiction.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

You can get married under foreign marriage Act and registered at Indian hi commission or Indian consulate. It can later be registered in India on the said basis and recognised in India

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Marriage between two adults with consent of each other is not banned in any country including India and could be registered at in the country in which it has been solemnized.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Yes you can marry under the indian laws in UK.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You can marry her by going to the high commission.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Apply for marriage at Indian Embassy, valid for all purpose and registered under special marriage act.

No issue.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

it is valid. needs to be registered in India under Special Marriage Act to make it valid/legal in India to get it's jurisdiction.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Under the Marriage Visitor Visa, you are permitted to marry or enter into a civil partnership in the UK within 6 months of arriving. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If you marry in foreign country their law will be applicable and not India's. If you register same marriage in India as per special marriage act, than it will be applicable.

 

Still you can perform marriage as per foreign marriage act.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. If the religion and nationality of both of you differ then you can apply through Indian Consulate under Foreign Marriage Registration Act.

2. Another option of applying the same in India under Special Marriage Act for which both of you will have to apply in person and remain resent after one month from the date of application. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Yes marriage will consider valid in India. 

You can register your marriage as per UK marriage laws and attest your marriage certificate in Indian Embassy to make it valid in India. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

- As per law, for a legal marrige , your marriage should be registered under the Foreign Marriage Act, in any of the foreign country ,before the Indian High Commission and or before the Indian Consulate Generals Office , OR certified under the Act in that foreign country where it was solemnized .

- Further, you can registered your marriage in India under the Special Marriage Act .

- Hence, you can registered your marriage in U.K. under the Foreign Marriage Act. from the office as mentioned above, and this marriage is valid in India as well. 

- If, you both are major and fulfilling all the requirments of marriage , then there is no issue for the same.

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

You can approach Indian embassy at UK and file an application for registering your marriage under Foreign marriage act, 1969.

At least one of the parties to the intended marriage should be a citizen of India and should have resided in that country for a period of not less than thirty days immediately preceding the date on which the notice of intended marriage is given to the Marriage Officer at that country.

 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

you can very well visit by a visa.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer