- Any valid marriage performed under any civil law is valid in India. Your NRI status will not affect validity of your marriage.
- There is no compulsion to inform marriage to Indian Embassy as there is no such enacted by Indian parliament
- You free to marry under any law as your wife is foreigner marriage under law applicable to her is also valid.
Indian citizen marrying abroad to foreigner
I have recently asked a question on Indian citizens marrying aboard to foreigners. First of all, big thanks to all advocates who responded back. Follow-up question: I read about Foreign Marriages Act 1969 which is required when I want to marry under Indian Law. I am living in Canada and I am not planning to get married under Indian law. That's why I am marrying in Barbados and getting the civil marriage certificate from the Barbados government as they conduct marriage for non-residents as well. My question now is 1) If I decide to go with the approach of not marrying under Indian law and getting married under foreign country law and get civil marriage certificate from the country which conducted my marriage. Am I allowed to do this as NRI? Will India recognize civil marriage certificate for NRI issued by a conducted foreign country? 2) Even If I get married under foreign country law, I think I still need to inform about my marriage to Indian Embassy by showing my civil marriage certificate of the foreign gov which conducted my marriage. Am I correct? 3) Is there any requirement that NRI has to only marry under Indian law when he marries in aboard with a foreigner, can't he marry under the foreign country law if their law allows it?
Asked 4 years ago in Family Law
Religion: Other
12 Answers
Dear sir,
1.If the Central Government is satisfied that the law in force in any foreign country for the solemnization of marriages contains provisions similar to those contained in this Act, it may, by notification in the Official Gazette, declare that marriages solemnized under the law in force in such foreign country shall be recognized by courts in India as valid. hence sir, you're allowed to marry under the laws of Barbados provided it should be recognised by the Indian Govt.
2. In case an NRI fails to register the marriage within 30 days, the passport authority may impound your passport.
Thank you
You have to register your marriage under provisions of foreign marriage act to confer jurisdiction to Indian courts
2) you can marry abroad as per the foreign country law but you have to register your marriage under FMA
- As per the Registration of Marriage of Non-Resident Indian Bill, 2019 , Every NRI who marries a citizen of India or another NRI must get his marriage registered within 30 days.
- Further, if the marriage occurs outside India, it must be registered with a Marriage Officer, who will be appointed from among the diplomatic officers in a foreign country.
- Further , in case an NRI fails to register the marriage within 30 days, the passport authority may impound or revoke his/her passport.
- Hence, you can marry and get the civil marriage certificate , but you should register the marriage under the foreign marriage Act, otherwise marriage will not considered as valid in India.
Thank you for the kind response! I can marry in Barbados and get a civil marriage certificate. Then I can register in Indian Embassy under the foreign marriage Act. I only reside in Canada and my fiance (foreigner) lives in Germany at this point. We are going to Barbados just for marriage and we'll return back and apply for a visa for her in Canada Question: But which Indian Embassy I need to register, is it going to be an embassy in Barbados or an embassy back in Canada? I think it should be the nearest Embassy where I am residing right?
Asked 4 years ago
It has to be embassy in Canada as you are resident of Canada
approach Indian embassy for clarification
- Yes, you can marry in Barbados and get civil marriage certificate
- You can registered your marriage in Canada under the Foreign marriage act after submitting the proof of marriage in Barbados.
U should go for Indian embassy in Canada
1. You being a NRI staying broad can marry a foreign national in a foreign Country and register your marriage as per the specific Marriage Act of the said foreign country. Your said marriage will be considered as valid in India.
2. No. Indian Embassy has nothing to do with your said marriage conducted and registered as per foreign Act.
3. It is customary but not mandatory for a NRI to marry in a foreign place as per Foreign Marriage Act or Special Marriage Act and register the marriage before the appropriate officer of the local Indian Consulate. However, you can of course marry a foreigner in a foreign country and register your marriage as per the specific Act of that foreign Country.
1. You want to marry at Barbados and get Civil Marriage Certificate under which Act? Is it under a specific Marriage Act of that Country? However, you can also marry before the Indian Consulate as per Foreign Marriage Act.
2. It will be prudent on your part to register your marriage as per Foreign Marriage Act before the appropriate Officer of the Indian Consulate at Canada.
The civil certificate of marriage from Barbadose is not legal under Indian law. Parties who are adults and of marriageable age - 18 for girls and 21 for boys - are sane and not in prohibited relationships should be able to marry without anyone's consent except for the other party and the law.
It is your choice to marry a foreigner. If you want the benefit of Indian law, then you need to marry under Indian law.
In India, the civil certificate of marriage from Barbadose is not valid. The marriage can be solemnized and registered in India or any other country from where the foreigner belongs or is a citizen of. The other case may be when both the parties are a citizen of India or are Non-residents of India and get their marriage solemnized under any foreign law.
If a marriage has been solemnized, parties can register under the foreign marriage act regardless of the other party's nationality. pre-existing marriage can be registered under the act only when it complies with section 4's requirements for a valid marriage.
1. The civil marriage certificate issued by a foreign country will not be recognized as legally valid marriage as per Indian laws until you have register the foreign marriage in India under the provisions of Special marriage act, 1956, before the Marriage registrar in India or before a marriage officer in the Indian embassy of that country.
For this you may have to comply with the legal requirements.
2. If you desire to get your marriage registered as per Indian laws, you may have to comply with the necessary formalities as mentioned above.
3. You can get married as per that country laws also, whereas yo cannot claim your marriage to be recognized in India as per Indian laws, if there arises any dispute in future.
You may have to approach the Indian Embassy/High commission of the country where you are getting married and not in the p[lace of your residence.
The Indian High commission in Canada may not entertain your application for registering the marriage under Special Marriage act.