• How to get a foreign marriage certificate recognized/legalized in India?

Hello

I am an Indian citizen who has been recently married to a Norwegian man. The wedding was held in Norway. I have a Norwegian marriage certificate, now I wish to get my marriage recognized in India. I am not able to find any any proper instructions on how to do that. 
PS: I am a Hindu by religion and he is a Christian. 
Any help will be much appreciated.

Thanks and regards,
Shruti
Asked 1 year ago in Family Law
Religion: Hindu

3 answers received in 10 minutes.

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40 Answers

You can perform marriage in India as per the Indian Foreign Marriage Act. and follow the procedure accordingly which is similar like Special Marriage Act.


The Foreign Marriage Act, 1969.

Section 4 and 5

 

4. Conditions relating to solemnization of foreign marriages.—A marriage between parties one of whom at least is a citizen of India may be solemnized under this Act by or before a Marriage Officer in a foreign country, if, at the time of the marriage, the following conditions are fulfilled, namely:—

(a) neither party has a spouse living,

(b) neither party is an idiot or a lunatic,

(c) the bridegroom has completed the age of twenty one years and the bride the age of eighteen years at the time of the marriage, and

(d) the parties are not within the degrees of prohibited relationship: Provided that where the personal law or a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degree of prohibited relationship.

 

5. Notice of intended marriage.—When a marriage is intended to be solemnized under this Act, the parties to the marriage shall give notice thereof in writing in the form specified in the First Schedule to the Marriage Officer of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given, and the notice shall state that the party has so resided.

Ganesh Kadam
Advocate, Pune
12084 Answers
136 Consultations

4.9 on 5.0

if you want to register your marriage with the foreign national in India you have to adopt the following procedure:

it is required to file a notice of the intended marriage with a Marriage Registrar in India,

The notice is required to be published for the stipulated 30 days. At the end of the 30 days the Marriage Registrar is free to perform the marriage.

 


you can apply at your place of residence in India

Suneel Moudgil
Advocate, Panipat
2345 Answers
4 Consultations

4.7 on 5.0

You can register your marriage with Indian embassy under provisions of foreign marriage act 

 

2)it would be valid in India 

 

3) in alternative you can register your marriage in India under provisions of special marriage act 

Ajay Sethi
Advocate, Mumbai
82705 Answers
5254 Consultations

5.0 on 5.0

You have two options:

1. You can get the marriage registered under the provisions of Foreign Marriage Act, 1969 in the Indian High Commission office or Indian Consulate's General's office, as the case may be. 

2. Alternatively, you can get your marriage registered in India under the provisions of Special Marriage Act,1954.

 

P.S. Marriage certificate issued in Norway would be recognised as proof of your marriage in India, but only Norwegian Courts would have jurisdiction in case any matrimonial disputes 

Siddharth Jain
Advocate, New Delhi
5685 Answers
78 Consultations

5.0 on 5.0

Marriage will not register in India until not solemoniz as per Indian law/custom. Appy at Inidan Embassy, Norway.  Marriage will reschedule under foreign marriage act and the certificate issued will be valid and equivalent to marriage registered in India.

Otherwise To register marriage in India, you have to apply for court marriage. 

Yogendra Singh Rajawat
Advocate, Jaipur
21439 Answers
31 Consultations

4.4 on 5.0

1. The marriage certificate of foreign country is valid based on same you can register your marriage under the Foreign Marriage act . 

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
135 Consultations

5.0 on 5.0

Hello Shruti,

 

Hope you are doing well !!!

Please find below the answer to your query, inter alia, marriage registered abroad, valid in India:

In order to recognized the marriage in India you need to get register your marriage under the Foreign Marriage Act, 1969 in Norway (before the Indian High Commission and or before the Indian Consulate Generals Office as the case is) OR once you visit in India, you can get register in India under the Special Marriage Act, 1954 in order to make it valid and legal in India to get its jurisdiction.

 

Hope the above answer will resolve your query, for any further query / clarification, please feel free to contact us.

 

Regards,

Nitesh Agarwal

Advocate

Nitesh Agarwal
Advocate, Mumbai
15 Answers
3 Consultations

4.5 on 5.0

Hi

Present your marriage proofs along with the application form and two witnesses from each side.

Marriage will be registered.

Thanks

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Hello,

  1. It is important to know whether your marriage in Norway was conducted as per Christian rites or as per Hindu rituals before answering your query.
  2. In any case if you can reside for 30 days in India you can get your marriage registered under Special Marriage Act 1954 to make your marriage reccognized and validated in India. It has to be done before the Registrar of Marriages of the locality where you reside by filling out the requisite forms and complying by the requirements.
  3. Let  me quote for you the provision of law for your understanding,"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 1Special Marriage Act, 1872 (III of 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 years at the time of registration;

    (e) the parties are not within the degrees of prohibited relationship: Provided that in the 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."

S J Mathew
Advocate, Mumbai
3293 Answers
147 Consultations

5.0 on 5.0

You have to arrange the KYC document of your husband and get it verified by the Norwegian Embassy along with your KYC document and marriage certificate you have to apply for the registration of your marriage in in India at the address where your residence is for last 30 days on the basis of your application  and the documents the marriage registrar will register your marriage and provide your certificate

Vimlesh Prasad Mishra
Advocate, Lucknow
6829 Answers
23 Consultations

4.9 on 5.0

you can get married in India again under the Special Marriage Act and obtain a marriage certificate recognised in India


nobody cares for the stupid ratings

 

to further elaborate on my response, i am reproducing s. 15 of the Special Marriage Act, 1954 for your enlightenment - 

 

Section 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 1Special Marriage Act, 1872 (III of 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 years at the time of registration;

(e) the parties are not within the degrees of prohibited relationship:

Provided that in the 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.

 

thus apart from complying with conditions a to e, the parties also need to comply with condition f

thus for purpose of registering the marriage between you and your Norwegian Husband in India, both of you have to comply with conditions a to e and for the said purpose you both will also have to fly to India and reside here for 30 days immediately preceding the date on which you would apply to the Marriage Officer to register your marriage in India and thus obtain a Marriage Certificate in India

 

the foreign marriage certificate cannot be legalised here in India

 

it is only the marriage solemmised in the foreign country which can be recognised in India under the above provision and the parties can obtain an Indian Marriage Registration Certificate

 

hope this clears your doubt

 

once again, nobody cares for the ratings of users

Yusuf Rampurawala
Advocate, Mumbai
6201 Answers
50 Consultations

5.0 on 5.0

HI,

You are suggested not worry and continue as usual because the certificate issued by the foreign government is fully valid in India and you are not required to fresh or new certificate in India.     

Ganesh Singh
Advocate, New Delhi
6616 Answers
14 Consultations

4.5 on 5.0

1. First its to be known whether there is reciprocating treaty existing between India and Norway. 

2. If yes, then you can file a suit for declaration under section 34 of CPC.

3. However,  there is no legal compulsion to get such decree if the Norwegian marriage certificate is lawfully issued. 

Devajyoti Barman
Advocate, Kolkata
22452 Answers
353 Consultations

5.0 on 5.0

That marriage certificate is valid in India. You cant again register the said marriage in India. If you have done the marriage under foreign marriage Act then the same can be validated here through Indian high commission. Otherwise also the certificate is valid in india

Prashant Nayak
Advocate, Mumbai
23442 Answers
49 Consultations

4.4 on 5.0

- If you want to registered your marriage in India, then this marriage is governed by the Special Marriage Act.

- The Legal age for marriage in India for girls is 18 years and for boys, 21 years, the same rule extends to marriage with a foreign national, 

- 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.

-Before solemnizing your marriage, you should ensure that the following documents are ready:

  1. Birth certificates (for age proof)
  2. A valid visa of more than thirty days for the foreign national
  3. A single-status affidavit signed by both parties. In case one of the parties has married previously, the Divorce Decree (for divorcees) or Certificate of Death (for widowed) is necessary.
  4. Address proof and passport size photographs
  5. Adequate documentary evidence of 30-day residence in India
  6. A ‘no-objection’ letter – She may be required to present to the marriage officer a ‘no objection letter’ from the Norway Embassy or Consulate, as well as proof of termination of any previous marriage if any.
  7. The parties also have to wait at least 30 days from the date of initial application to formalize the marriage so that the marriage officer can publish a notice, which might even include a newspaper publication for giving an opportunity for any objections to the marriage to be voiced.
  8. A proof of religious marriage ceremony under Muslim Marriage Act, 
  9. Move an application in writing as per the format laid down in the Second Schedule. 

- Hence, you should move an application in the office of Marriage registrar of your jurisdiction for the same.

- Once the Marriage Officer has received such an application, duly signed by both the parties, the Officer shall then release a public notice with a period of 30 days to raise objections to the intended marriage if any. 

- If the conditions are duly fulfilled and no such objections are raised, it should enter a certificate of the marriage in the Marriage Certificate Book. Here, the signatures of both the intending parties as well as the witnesses are required.

- You should keep with you, Proof of Age , Address Proof , Affidavit with regard to Marital Status, and Passport size Photos.

- Further, you can apply online as well , and after submitting the application , you will be given time to appear before the Registrar of marriage.

Mohammed Shahzad
Advocate, Delhi
7090 Answers
74 Consultations

5.0 on 5.0

Hello

You will have to get the marriage registered under the provisions of the Foreign Marriage Act. 

for this one of the party will have to show residence of atleast 30 days in one city and thereafter you may approach the registrar of marriage of that city to get the marriage recognized under the provisions of the Foreign Marriage Act. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
17868 Answers
325 Consultations

5.0 on 5.0

You can get your marriage registered in India under the provisions of special marriage act

In India, such a marriage is governed by the provisions of the Special Marriage Act.

This act not only deals with marriages between people belonging to different religions but also different caste or backgrounds and hence, marrying a person from another nationality is also governed by the Special Marriage Act.

Since the legal age for marriage in India for girls is 18 years and for boys, 21 years, the same rule extends to marriage with a foreign national, even though their country’s domestic law may prescribe a higher or lower age for marriage.

The Special Marriage Act, in addition to prescribing the age limit, also mentions degrees of prohibited relationships such as mothers, stepmothers, grandmothers, and step grandmothers etc.

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.

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)

 

 

 

T Kalaiselvan
Advocate, Vellore
72788 Answers
1111 Consultations

5.0 on 5.0

You need to get your marriage registered either under Foreign Marriage Act 1969 with Indian High Commission / Indian Consulate, it is valid in India or Get is done under Special Marriage Act, 1954.

Norwegian Marriage Certificate is recognized in India. 

S Srinivasa Prasad
Advocate, Hyderabad
2868 Answers
9 Consultations

5.0 on 5.0

the statute [s.15 of special marriage act] provides no concession to the parties intending to have their marriage registered in India and the stay of 30 days is compulsory

 

condition f is a mandatory condition which ought to be complied

 

the party cannot even grant any POA to any person for purpose of complying with the registration formalities on his/her behalf

Yusuf Rampurawala
Advocate, Mumbai
6201 Answers
50 Consultations

5.0 on 5.0

You are already married and hence can't register your marriage anymore. 

So forget the idea of registering your marriage once again under Special Marriage Act.

It would be invalid if you do.

Devajyoti Barman
Advocate, Kolkata
22452 Answers
353 Consultations

5.0 on 5.0

See you can register your marriage in Norway before the Indian Consulate.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
135 Consultations

5.0 on 5.0

Hi,

As suggested earlier, you need not to have a marriage registration certificate also in India because you are staying abroad. The authorities of India are bound to recognise your marriage because the endorsement to this effect i.e. name of husband/dependent there might be endorsed on some of documents like passport, etc. Further, you may approach Indian Embassy there for having such endorsements. 

Ganesh Singh
Advocate, New Delhi
6616 Answers
14 Consultations

4.5 on 5.0

Best option for you would be to get marriage registered in Norway with Indian embassy or consulate under provisions of foreign marriage act 

Ajay Sethi
Advocate, Mumbai
82705 Answers
5254 Consultations

5.0 on 5.0

Dear Madam,                                                   

If the one you cannot live without lives in another country or on another continent that is oceans apart and you can’t wait to unite with them here, in India, read on. While you may think love, compatibility and a feeling of togetherness is all you need to be with your soul mate, the legal process and time involved is also something you may want to consider while planning your union. In India, such a marriage is governed by the provisions of the Special Marriage Act. This act not only deals with marriages between people belonging to different religions but also different caste or backgrounds and hence, marrying a person from another nationality is also governed by the Special Marriage Act. We must also highlight that for an Indian citizen intending to marry outside India; it is the provisions of the Foreign Marriage Act passed in 1969 that apply.

Since the legal age for marriage in India for girls is 18 years and for boys, 21 years, the same rule extends to marriage with a foreign national, even though their country’s domestic law may prescribe a higher or lower age for marriage. The Special Marriage Act, in addition to prescribing the age limit, also mentions degrees of prohibited relationships such as mothers, stepmothers, grandmothers, and stepgrandmothers etc.

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.

ONLINE MARRIAGE REGISTRATION

Documents, Formalities, and Certifications needed

Before solemnizing your marriage, you should ensure that the following documents are ready:

  1. Birth certificates (for age proof)
  2. A valid visa of more than thirty days for the foreign national
  3. A single-status affidavit signed by both parties. In case one of the parties has married previously, the Divorce Decree (for divorcees) or Certificate of Death (for widowed) is necessary.
  4. Address proof and passport size photographs
  5. Adequate documentary evidence of 30-day residence in India
  6. A ‘no-objection’ letter – For instance, if an American citizen wishes to wed in a civil marriage ceremony he may be required to present to the marriage officer a ‘no objection letter’ from the US Embassy or Consulate, as well as proof of termination of any previous marriage if any. Similarly, a citizen of any other foreign country is required to present the no objection letter from the Embassy or Consulate of his/her country. The parties also have to wait at least 30 days from the date of initial application to formalize the marriage so that the marriage officer can publish a notice, which might even include a newspaper publication for giving an opportunity for any objections to the marriage to be voiced.

        

Netravathi Kalaskar
Advocate, Bengaluru
4953 Answers
27 Consultations

4.8 on 5.0

Hi

Since you being an Indian National and  your marriage was solemnized in Norway and you being residing in Norway, you can opt for registering your marriage under Foreign Marriages Act. 

All Indian embassies/Consular Office, designate one of their officers as a Marriage Officer and you may contact the Indian embassy and ask them to register your norwegian marriage certificate under Foreign Marriages Act. 

 

Website's of Indian embassy in USA, UAE have published details on foreign marriage act, whereas Indian Embassy at Osla, Norway has not published such information. However you may speak to Indian embassy at Norway and take appropriate steps. 

Hope this information is useful. 

 

Rajgopalan Sripathi
Advocate, Hyderabad
2119 Answers
394 Consultations

5.0 on 5.0

You would not have to stay for 30 days as the marriage has already been solemnized. You would get an appointment for registration within 1-2 weeks after filing of requisite forms and documents with the sub registrar office.

Siddharth Jain
Advocate, New Delhi
5685 Answers
78 Consultations

5.0 on 5.0

One among the vital  procedures to be followed is to stay for 30 days after giving notice to the registrar of marriage.

You may first arrange to give the notice and after that you will come to know about further legal aspects  on this practically.

You can manage plenty of things which cannot be explained elaborately in public forums like this.

You can take the assistance of an advocate in the local on arriving at India on such further issues. 

T Kalaiselvan
Advocate, Vellore
72788 Answers
1111 Consultations

5.0 on 5.0

honestly, not possible

Suneel Moudgil
Advocate, Panipat
2345 Answers
4 Consultations

4.7 on 5.0

1. You have married a Norwegian at Norway as per law of the said foreign land.

 

2. Your marriage registered at Norway is certainly recognised in India.

 

3. However, in case of termination of your marriage in future, you shall have to take recourse at Norway  as per the Act of Norway based on which you had registered your marriage and you can not file any divorce suit in India since you have not married as per any Indian Act.

 

4. However, you can also register your marriage in India if you so wish by filing an application before the local Marriage Registrar giving a notice of one month which shall have to be signed by both of you and  in that case you shall have to show your address proof and also stay in India for that notice period of one month.

 

5. He can come even on the day of the registration in India.     

Krishna Kishore Ganguly
Advocate, Kolkata
25607 Answers
726 Consultations

5.0 on 5.0

1. Your said marriage is well recognised in India.

 

2. You won't have to remarry in India just for getting your marriage recognised in India.

 

3. In case of termination of the marriage, it can be done in Norway and that decree of divorce passed by Norwegian Court also will be considered as valid in India since your marriage was registered as per Norwegian law.

 

4. For being  entitled to file divorce suit in India, you require to marry as per Indian law in India.

 

5. In the given circumstances, I find that you are not required to register your marriage in India at all.

Krishna Kishore Ganguly
Advocate, Kolkata
25607 Answers
726 Consultations

5.0 on 5.0

You can marry at Indian embassy, same procedure will follow.

Yogendra Singh Rajawat
Advocate, Jaipur
21439 Answers
31 Consultations

4.4 on 5.0

Staying 30 days is not compulsory. 

Some procedure may be different in certain districts but major and main procedure is same for those who stayed for 30 days or not.

Thanks

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. No need to get separate marriage certificate from India to recognize your marriage because as per law your marriage will be considered legal in India even if it is registered in other country.

2. If you still want to register your marriage in India then you both have to stay for atleast 30 days in India before registration of marriage in India. 

Mohit Kapoor
Advocate, Rohtak
10689 Answers
7 Consultations

5.0 on 5.0

It can't be again registered in India. As it is already registered in foreign national. As reiterated it's valid in India

Prashant Nayak
Advocate, Mumbai
23442 Answers
49 Consultations

4.4 on 5.0

That marriage can only be registered in India under the special marriage act.

Rahul Mishra
Advocate, Lucknow
12674 Answers
32 Consultations

5.0 on 5.0

I am sorry but there is no other way.

Rahul Mishra
Advocate, Lucknow
12674 Answers
32 Consultations

5.0 on 5.0

There are solution but you need to visit twice or thrice to India within those 30 days.

Ganesh Kadam
Advocate, Pune
12084 Answers
136 Consultations

4.9 on 5.0

- If , you are unable to come to India for 30 days , then you should contact the Indian embassy in Norway for the same .

Mohammed Shahzad
Advocate, Delhi
7090 Answers
74 Consultations

5.0 on 5.0

in my view 30 days is mandatory. 

Mohammed Mujeeb
Advocate, Hyderabad
19003 Answers
20 Consultations

4.5 on 5.0

1. Marriage Certificate registered before the Marriage Registrar of ANY country is valid globally, which includes India, and such marriage and children born out of such marriage, are legal, irrefutable and legally recognized for all legal purposes in India and the same can never be refused or refuted by any Indian authority, for any & all legal purposes.

2. By virtue of the above,  the marriage registrar in India, is not empowered to re-register an existing marriage in Indian records, since this will amount to one more marriage certificate of the latest date, which it turn amounts to prosecutable offices misrepresentation, false declarations, mischief etc....

Hemant Agarwal
Advocate, Mumbai
5546 Answers
25 Consultations

5.0 on 5.0

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