• Marriage Registration

I am an Indian citizen living outside of India. My would-be partner and I are planning to get married abroad, so if the marriage certificate from another country is valid in India, or do I need to register separately in India?
Asked 4 years ago in Family Law
Religion: Hindu

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8 Answers

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

Ajay Sethi
Advocate, Mumbai
99793 Answers
8147 Consultations

As per the Foreign Marriage Act, 1969, Section 23 to 25, if the particular foreign country appear in the central government gazette notification then it will be valid marriage and marriage certificate. No need to apply for MC separately in India.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Marriage Certificate obtained from a foreign country will be valid in India and there is no need to register seperately in India.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

The civil certificate of marriage from other country is not legal under Indian law. You can choose the The Foreign Marriage Act, 1969 for the registration of marriage.

In some cases the marriage may even be under The Foreign Marriage Act, 1969, which is just an extension of The Special Marriage Act, 1954 except that marriage under this Act is between parties one of whom at least is a citizen of India by fulfilling the conditions laid down in Section 4 of the Act. The Act provides facility for an Indian national to marry abroad with another Indian national or a national of another country or with a person domiciled in another country. Such a marriage may have been solemnized in India or before a marriage officer in a foreign country. This Act too, like other Acts, is a monogamous marriage Act where bigamy is void and punishable under Section 19. Under this Act, Foreign marriages solemnized under other laws can also be registered under Section 17.

For the purposes of this Act, the Central Government may, by notification in the Official Gazette, appoint such of its diplomatic or consular officers (an ambassador, envoy, minister, high commissioner, commissioner, charge d’ affaires or other diplomatic representative or a counselor or secretary of an embassy, legation or high commission.) as it may think fit to be Marriage Officers for any foreign country. The requirement for this will be your age proof, (Passport, Birth Certificate) your address proof (Passport, Ration Card, Voters Identity card) and Martial status. The best for you both to give one notice for marriage under the Act of 1954 to the Marriage Officer of the District where you permanently reside in India, after one month notice period marry her in presence of 3 witnesses by the Marriage Officer, get Valid Marriage Certificate from the Marriage Officer.

Conditions relating to solemnization of foreign marriages.

A marriage between parties one of whom at least is a citizen of India may be solemnizedunder 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, not with standing that they are within the degrees of prohibited relationship.

 

 

 

 

Ajay N S
Advocate, Ernakulam
4125 Answers
114 Consultations

 Since, you are an Indian citizen , then your marriage can be registered under Foreign marriage Act in another country with the help of consulate of India . 

- As per eligibility , one of the prospective brides or bridegroom must be an Indian national and a legal resident within the consular jurisdiction of the place where marriage is going to be registered. 

- The following documents are required to be submitted : - 

1Bride and bride-groom both have to fill and sign the two forms i.e. Miscellaneous form and Marriage Registration Request form. 

2. Marriage Certificate or license issued by the local authorities in original along with a photo-copy.

3. Passport, VISA, and current residence proof of the bride, bridegroom and the three witnesses to be submitted in original along with a photocopy. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Sir/Madam,

According to Section 23 of Foreign Marriage Act,

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.

THEREFORE YES IT IS VALID. 

Certification of documents of marriages solemnized in accordance with local law in a foreign country.—

(1) Where—

(a) a marriage is solemnized in any foreign country specified in this behalf by the Central Government, by notification in the Official Gazette, in accordance with the law of that country between parties of whom one at least is a citizen of India; and

(b) a party to the marriage who is such citizen produces to a Marriage Officer in the country in which the marriage was solemnized—

(i) a copy of the entry in respect of the marriage in the marriage register of that country certified by the appropriate authority in that country to be a true copy of that entry; and

(ii) if the copy of that entry is not in the English language, a translation into the prescribed language of that copy; and

(c) the Marriage Officer is satisfied that the copy of the entry in the marriage register is a true copy and that the translation, if any, is a true translation, the Marriage Officer, upon the payment of the prescribed fee, shall certify upon the copy that he is satisfied that the copy is a true copy of the entry in the marriage register and upon the translation that he is satisfied that the translation is a true translation of the copy and shall issue the copy and the translation to the said party.

 

Thank you

God Bless

Anik Miu
Advocate, Bangalore
11017 Answers
125 Consultations

Your marriage solemnised as per the laws of the country where you intend to to get married, may not be valid as per Indian laws, hence you are advised to get your marriage registered before the Indian embassy/high commission of that country by following the procedures of law or get it registered with the Marriage registrar in India within one month of the date of marriage. 

T Kalaiselvan
Advocate, Vellore
89995 Answers
2496 Consultations

 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 under Foreign Marriage Act of 1969.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

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