• Nikah between a U.S. citizen and UAE resident

I am an Indian citizen, living in the UAE, looking to get married under Islamic law ie a nikah, with my partner who is a U.S. citizen. Is it possible for me to perform the nikah in india or uae?
Asked 1 year ago in Family Law
Religion: Muslim

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12 Answers

You can perform Nikah in india or UAE 

 

2)it is better to get married under provisions of special marriage act as your fiancée  is foreigner 

 

3) if marriage is solemnised abroad it should be registered with indian embassy or consulate under provisions of special marriage act 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

For  Indian courts to have jurisdiction marriage should be registered in India or with Indian consulate abroad 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

Basically you are an Indian citizen while your fiancee is an USA citizen, hence even if you solemnise your marriage as per Muslim religious customs, since you both are two different country nationals, you have to get your marriage registered under special marriage act in order to make it legally valid in India. 

You can get the ceremonies performed as per your desire, i.e., 'Nikah', in any country but make sure that you get it registered under special marriage act, 1954 through the Indian consulate of the country of your residence to avoid future legal complications. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

The choice is yours.

If you would like to get your marriage registered under US laws at a later stage then it is up to you but  you cannot claim any legal rights in India against him because your marriage was not registered under Indian laws.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Rules of marriage of a Muslim are governed by Shariya that is Muslim Personal Law Act, 1937. As a Muslim you are at liberty to seek Nikah with any other Muslim. Such Nikah with a Nikahnama from Quaziat is valid in India. You need not perform marriage under Foreigner Marriage Act.  

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

Yes you can

Ravi Panwar
Advocate, New Delhi
116 Answers

Not rated

Yes, it is possible for you to perform the nikah in India or UAE as a Muslim couple. The nikah is a religious ceremony and can be performed by an Islamic cleric or an authorized Muslim authority in the presence of witnesses. However, it is important to note that the nikah does not automatically confer legal recognition of the marriage under Indian or UAE law.

 

If you do not wish to register the marriage, then the nikah ceremony will serve as a religious recognition of the marriage. However, if you do wish to register the marriage, then you will need to comply with the registration requirements of the relevant country's law.

 

It is advisable to seek legal advice from a local lawyer in India or UAE who can advise you on the specific requirements and procedures for performing a nikah ceremony and registering the marriage, if desired.

 

 

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

As you are marrying under the Islamic law which is common across countries, you may get married [perform the nikaah] either in India or the UAE. Both will be valid. 

Yusuf Rampurawala
Advocate, Mumbai
7483 Answers
79 Consultations

5.0 on 5.0

You can perform Nikah or form of marriage but such marriage will be valid only through court marriage.

Perform Nikah and later register with court marriage

Without registration, no legality of marriage. 

Yogendra Singh Rajawat
Advocate, Jaipur
22593 Answers
31 Consultations

4.4 on 5.0

1 yea 

2 registration will be difficult unless done in special marriage Act or other stature

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

- Since, you are presently living in UAE, then you can perform the NIKAH there as well ,and it will have equal importance as performed in INDIA. 

- However, if you are trying to get the US citizen , then it may not be acceptable at the time of showing spouse relationship. 

- Hence, there may be requirement for registration of marriage under the Special Marriage Act or Foreign Marriage Act, with the help of consulate of India. 

- However, as she is a US citizen , then marriage can be registered in US as well as per the rule and regulation of that country. 

Mohammed Shahzad
Advocate, Delhi
13092 Answers
195 Consultations

5.0 on 5.0

Yes, you may solemnized nikaah in India or UAE, there is no hurdle on the way if both of you are Muslims.

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

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