• Registration of Marriage in India which is already registered in foreign country

I am a muslim indian male have taken Moroccan citizen as my second wife. (My 1st marriage is happily intact). 

My second marriage was registered abroad and our marriage contract/certificate issued by foreign country is already counter attested by Indian Consulate in that country. My second wife has got spouse visa (Entry Visa X) to India based on that marriage contract and she is currently in India.

I need to register this marriage in India to get her local identity card and oci in future after 2 years. 

Need guidance whether my foreign marriage contract would be registered directly with state marriage registrar or i have to do marriage again under (Shariya law- Nikahnama) and then register it with state marriage authority.

I know polygamy marriage cannot be solemnised under Special Marriage Act, but is there any restriction to register already solemnised marriage under SMA ? What shall be timeline for it ?

 With the above case kindly recommend even if any such additional registration necessary and what documents we can make for wife in India.

I request that, someone who has already dealt with similar matter to kindly take up my case. 

Thanks alot
Asked 11 days ago in Family Law
Religion: Muslim

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5 Answers

Since you have already been married your second marriage cannot be registered under SMA 

 

2) The Allahabad High Court held that the second marriage under the Special Marriage Act is an offence punishable under Section 494 IPC notwithstanding that the Personal Law permits Muslim male to contract four marriages

Ajay Sethi
Advocate, Mumbai
84936 Answers
5617 Consultations

5.0 on 5.0

You can't register the marriage already registered under other Acts of foreign land. But if it's solemnized under a law  like Foreign marriage Act which is recognised in India then such marriages can be registered in India. Furthermore nri marriage also needs to be registered. 

Prashant Nayak
Advocate, Mumbai
24936 Answers
58 Consultations

4.4 on 5.0

You need not go for the formalities of solemnising the marriage once again.

You can apply for registration of your second marriage under the provisions of special marriage act on the basis of the marriage certificate issued by the Moroccan authorities.

You may have to adhere and comply to the formalities for registering the marriage  as per the instructions that would be informed by the marriage officer in India. 

Since the Special marriage restricts the person to get his marriage registered during the subsistence of previous marriage and the spouse is living, you may have to suppress the fact of previous marriage while registering your second marriage and may have to declare your marital status as single or divorcee.  

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

- A Muslim man has permission to indulge in a second marriage without divorcing the first wife

- However , the second marriage cannot be registered under the special marriage Act in India. Hence only after concealing the first marriage if not registered , you can register the second marriage. 

- Further, the said foreign marriage with her is valid in INDIA.

Mohammed Shahzad
Advocate, Delhi
8498 Answers
92 Consultations

5.0 on 5.0

Dear client, 

You can refer to section 4 of the foreign marriage act, 1969 in order to understand whether you can directly register your foreign marriage in India. If the conditions are being met then you can directly get it registered. If not, you must marry that person again in India and proceed with the registration after that. 

Thank you. 

Anik Miu
Advocate, Bangalore
3099 Answers
31 Consultations

4.9 on 5.0

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