• Unregistered USA marriage - Legal in India

I married my husband in USA. He is a USA citizen. I am an Indian citizen. I am in USA on student visa. We only had religious marriage and we didn't get marriage license so as per USA law we are not legally married. Is our marriage considered legal in India? 

If he wants to leave me... Can I file a case against him in India?
Asked 2 years ago in Family Law
Religion: Hindu

4 answers received in 1 hour.

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15 Answers

If it's marriage is taken place as per hindi customs then you can try your luck for the same. You need to atleast get married as per Indian customes/law or in India for taking the benefits of Indian law

Prashant Nayak
Advocate, Mumbai
31914 Answers
179 Consultations

4.1 on 5.0

Any marriage not valid under local law is not valid under Indian. No divorce proceeding can be filed seeking divorce out of invalid marriage.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

You have neither married as per US laws nor registered your marriage as per Indian laws.

Hence your marriage with him recognized as legally valid neither in US nor in India.

No complaint against him, the foreign citizen, would be entertained in India for the commission of offense reported to have been committed in a foreign soil.

T Kalaiselvan
Advocate, Vellore
84885 Answers
2189 Consultations

5.0 on 5.0

Your marriage is not registered with Indian consulate in USA not registered in India 

 

you cannot file case against him in India as Indian courts would have no jurisdiction in this case 

Ajay Sethi
Advocate, Mumbai
94687 Answers
7525 Consultations

5.0 on 5.0

1. You are of course considered as religiously married in India as per Indian law though you hve not registered your said marriage.

 

2. You can still register the said marriage.

 

3. You can file a case against him in India as his legally wedded wife as per prevailing law in India on grounds accepted by Indian Law.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Your husband presence is necessary for registration purposes 

Ajay Sethi
Advocate, Mumbai
94687 Answers
7525 Consultations

5.0 on 5.0

You can file a DV case or 498a case against him.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Whatever compliant or criminal casa you intend to file against him can be done only within that country's jurisdiction and not in India.

You can register the marriage before the Marriage officer in the Indian embassy by complying with the formalities but you cannot get it registered without he cooperating with you for this.

T Kalaiselvan
Advocate, Vellore
84885 Answers
2189 Consultations

5.0 on 5.0

You are married for all practical purposes. The registration just gives you a legal document which may be annexed along with official documents. Therefore you'll be considered married in case he leaves you and you want to file a case.

 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

The marriage may have been solemnnised in front of family and friends. That is sufficient to show that you married him. Refusing to register the marriage shows that he is not interested in living with you.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Dear clients,
   You can register your marriage before the Indian Consulate even without any social marriage,  Your marriage as per USA law will nor be valid in India unless endorsed by India Court.
The absence of registration of marriage does not render the marriage illegal. A marriage without registration is perfectly legal. Since you are married for all legal and practical purposes you can dissolve the marriage only through a decree of divorce passed by the competent court.

Anik Miu
Advocate, Bangalore
8846 Answers
110 Consultations

4.7 on 5.0

Dear Client,

According to the provisions of The Foreign Marriage Act, 1969, a marriage solemnized in the manner provided in the Act shall be good and valid in India.

Offenses committed outside India would be deemed to have been committed within the territory of India by virtue of Section 188 of the Cr. P.C. Therefore, you can lodge a complaint for the same in India.

You can file a case of neglect or abuse against your husband, but only on valid grounds.

Thank you.

Anik Miu
Advocate, Bangalore
8846 Answers
110 Consultations

4.7 on 5.0

- As per law , registration of marriage is compulsory and not mandatory . 

- Since your marriage was solemnized as per religious customs , then this marriage is also legal in India 

- Yes, being the legal wife you can file cases against him in India .

Mohammed Shahzad
Advocate, Delhi
13206 Answers
198 Consultations

5.0 on 5.0

Dear Querist

if the marriage was solemnized in the temple then any certificate has been issued by the priest or not?

if yes, then you may apply for marriage registration in the USA before the concerned authority.

if he leaves you then you may approach to court in India as well as USA Court, if you are in the USA then approach the concerned court and file a case against him for registration of marriage.

 

you may file the cases in India too.

 

Marriage cannot be registered without his presence. you may file a case against him for domestic violence if you are in the USA. that case will help you in the future.

 

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

I need to to the entire facts in your case to advice better about registration in India. If you need any further assistance then you can approach me through kaanoon or LinkedIn.

Prashant Nayak
Advocate, Mumbai
31914 Answers
179 Consultations

4.1 on 5.0

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