I am Indian Muslim, I want to get married to foreigner Muslim girl. This will be my second marriage. How can I get the marriage registered directly in India as Foreign Marriage Act and Special Marriage Act have requirement of both bride and groom to be single at time of marriage? Do muslim marriages have provision for second marriage under foreign marriage act and special marriage act or first we have to register under shariya / Muhammadian law and then have to with state marriage registration? Do shariya law have any special conditions/document needed for marriage with foreigner and will this marriage be further registered in India? Would this registration of marriage certificate will entitled to get spouse visa for India ?
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You cannot register your marriage under FMA or SMA as you are already married
2) since your fiancée is foreigner you will have to get married under provisions of SMA
3) you will not be able to get spouse visa for your second wife
4) you should divorce your first wife then marry the foreigner under SMA
Only marriage performed under Sharia law prescribes polygamy.
Therefore no second marriage can be registered in presence of first marriage.
You need to do the same through sharia law and later get it registered under foreign marriage Avt
Unfortunately Foreign Marriage act or the special marriage act do not permit the parties to marry each if either of the party has a spouse living and the marriage subsisting during the registration of the marriage under the said act.
Your marriage with a foreigner has to be registered under special marriage act alone even though the proposed spouse is also a Muslim by religion and that you are a Muslim, hence eligible for marrying another female during the subsistence of your marriage and spouse living, as per Shariat law.
But your marriage proposed to be contracted now with a foreigner cannot be registered under special marriage act because your marital status is not single, which is an essential condition to register the marriage under the said act.
