• What is the best option to marry my girlfriend who is bangladeshi orgin US national

Hello Lawyers,
I am an Indian living in USA . My girlfriend and I decided to get married traditionally last year in India.
However due to Covid she and her family couldn't get Indian Visa . 
We are planning again this year as we already delayed it last year. 
What are the best options for us : 
1)We both are Muslim
2)Her parents and my parents both want traditional marriage in India.
3)Her parents are Bangladeshi Citizens
4)She and her brother are US Citizens (Bangladeshi Origin)
5)Me and my parents are Indian born Indian Citizens.
Asked 15 days ago in Family Law
Religion: Muslim

7 answers received in 1 day.

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9 Answers

1. Since nationality of both of you differs you will have to register the marriage under Special Marriage Act.

2. thereafter you can perform traditional marriage as per Sharia law.

3. To register the marriage in India both of your physical presence is mandatory. 

Devajyoti Barman
Advocate, Kolkata
22037 Answers
325 Consultations

5.0 on 5.0

You can get married in India under provisions of Special marriage act 

 

in alternative you  can get married in USA and register your marriage with Indian embassy or consulate under provisions of foreign marriage act 

 

3) you can also have traditional wedding ceremony 

Ajay Sethi
Advocate, Mumbai
80593 Answers
4946 Consultations

5.0 on 5.0

If she is a US citizen then she has to come to India on an Indian visa and marry you. You can get married in USA too.

She is not a Bangladeshi anymore. she can come to India on a US visa.

Rahul Mishra
Advocate, Lucknow
11802 Answers
25 Consultations

5.0 on 5.0

Dear Querist

Come to India and solemnized your marriage as per Your Traditions. You need only Visa for her and her relatives if any.

 

Nadeem Qureshi
Advocate, New Delhi
5888 Answers
279 Consultations

4.9 on 5.0

Even you would like to marry her as pr Muslim personal act, the marriage can be registered only under foreign marriage act or special marriage act since she is a foreign citizen.

For getting legal validity for the marriage the marriage has to be registered under special marriage act by following the procedures meant for it accordingly.

In India, civil weddings are governed by the provisions of The Special Marriage Act (1954). Under the Act, there’s a 30 day residency requirement, which means that either the bride or the groom has to be living in India for at least 30 days prior to applying to the local registry office to get married. For foreigners, this is evidenced by a certificate from the local police station.

Since your wife will be here on a tourist visa, you have to convert her visa from a tourist visa to a short visit visa (valid for one year). 

Marrying a Bangladeshi as such should not be problem but her getting long term Visa to stay in India after marriage will always be a matter of concern. The reason is that Bangladesh is not in the category of friend countries to India.

T Kalaiselvan
Advocate, Vellore
70624 Answers
987 Consultations

5.0 on 5.0

Hey,

In the best opinion, visa services have now resumed for Bangladesh citizens or national except for the tourist visas. So, definitely, you can get married in India and your would-be wife and her parents can get visas for their visit to India.

If you found this useful. Visit us at - for more consultation

Anik Miu
Advocate, Bangalore
188 Answers
1 Consultation

5.0 on 5.0

- As per Indian law, since the said girl is from Bangladesh , then she cannot apply for OCI .

- Further, legally you can marry with her in India traditionally and registered the said marriage under Special Marriage Act as well. 

- Further , as she is also in USA , then you can also registered your marriage from the Indian consulate there under the Foreign marriage Act as well. 

Mohammed Shahzad
Advocate, Delhi
5982 Answers
60 Consultations

5.0 on 5.0

1. Both of you and her family members  can come to India  and arrange a traditional marriage in India. She and her family members can come on receiving the Visa.

 

2. Since both of you are Muslims, you can marry as per Sharia and have your Nikahnama/Marriage Certificate executed and signed by the Quazi which will be evidence of your marriage.

 

3. If she stays with you for a period of 7 years in India after your marriage, she can apply for citizenship certyificate from the Govt. of India.

Krishna Kishore Ganguly
Advocate, Kolkata
25067 Answers
725 Consultations

5.0 on 5.0

You can get married through special marriage Act. One of you should be in India for last 30 days

Prashant Nayak
Advocate, Mumbai
23026 Answers
49 Consultations

4.4 on 5.0

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