• Marriage registration of NRI groom and foreign bride

Hello,

I'm an NRI staying in France and my would be bride is French. I would like to request your expertise to understand the rules for registering our marriage in India. Following are my queries in this regard:

1. Which is better? Getting Married abroad with French Law and registering our marriage later in an Indian embassy or getting married in India with Indian Laws and registering our marriage later in the French embassy 

2. Since, we both are not in India at the moment, is it possible to still get married in Indian court without having to be in the country for a certain of days before the date of marriage in the court. For example: I have read that one of the partner is to be in the country for minimum of 30 days before the date of marriage in the court.

3. In France, by law you can sign an agreement between the couple in regards to your assets to avoid hassle in the future for any divorce that might happen. Is there such law in India? I understand it may or may not be similar to pre-nuptual agreement.

4. We are planning to do a Hindu religious wedding in India for family sentiment, but the registration of the marriage is depending on point 3, if there is a provision of an agreement between couple accepted by Indian Law.

5. If we do the Hindu religious wedding, will we still be required to register in the court as per Special Marriage Act or it will be under different act?

6. Will there be still a requirement of being in the country for 30 days before registering our marriage in Indian court, even if we perform a Hindu religious wedding in India?

Request your kind assistance to my queries.

Thank you all in advance.

Best Regards,
Gopal Masurkar
Asked 1 year ago in Family Law
Religion: Hindu

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15 Answers

You can get married abroad and register your marriage with Indian consulate under provisions of foreign marriage act 

 

2) one of partners has to be in india for period of 30 days for getting married under special marriage act in india 

 

3) pre nuptial agreement is not valid in india 

 

4) for benefit of family you can have religious ceremony in india 

 

5)you cannot marry under HMA as one of parties is foreigner 

Ajay Sethi
Advocate, Mumbai
94713 Answers
7530 Consultations

5.0 on 5.0

Marriage in india and registration in india 

You need to be present in india 

min special marriage act you can sign prenuptial agreement 

yes but any thing against the Indian law will not be applicable in agreement 

you can register customary marriage under Hindu marriage act and registered marriage under special marriage act doesn’t need registration separately

yes 30 days is mandatory

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

1. You have an option to get your marriage registered under the provisions of special marriage act at the Indian embassy/consulate of the country of your residence and get it solemnised there itself.

2. There exists a 30-day notice requirement to be given in India if one partner is permanently and the other partner is temporarily residing in India. Marriages between Indian and a foreign national also shall be registered under this Act. If one partner is residing in the foreign country, the ‘Marriage Notice’ form has to be filled by the partner in India and also the partner in the foreign country, which has to be resubmitted by the partner in India to the Registration office.

3. There is  no provision under Indian laws for prenuptial agreement.

4. It is clarified that if groom and bride belong to different religions or countries, they have to marry under Special Marriage Act, 1954 as they are not permitted to marry under personal marital laws. 

5. In India, such a marriage is governed by the provisions of the Special Marriage Act. This act not only deals with marriages between people belonging to different religions but also different caste or backgrounds and hence, marrying a person from another nationality is also governed by the Special Marriage Act. It can also be noted that  for an Indian citizen intending to marry outside India; it is the provisions of the Foreign Marriage Act passed in 1969 that apply.

6. Getting married under the Hindu marriage act by an Indian with a foreign citizen,  is not recognised as legally valid marriage. 

T Kalaiselvan
Advocate, Vellore
84913 Answers
2195 Consultations

5.0 on 5.0

Registration of marriage is a mode of proof of marriage. On adducing the registration certificate of marriage, it may be presumed by the law that marriage is deemed to has taken place. In India, a marriage can be registered under either of the two Marriage Acts: the Hindu Marriage Act, 1955 or the Special Marriage Act, 1954 .

If you need the help of Indian law then you proceed the marriage as per Indian law. Your marriage in India, if you are desirous of getting it legally recognised or valid, then you may have to follow the procedures/laws prescribed for the purpose without any exemption for whatever reason you may rely upon.The marriage without being registered before the Concerned authority i.e., the Marriage officer, is not legally valid as per Indian laws.If you want to skip the process in India and would be contended with the French  marriage itself, then your fiancee may not be recognised as your legally wedded spouse by French   immigration authorities if you do not produce the marriage certificate issued by government in India, hence it may create legal hassles at that stage when you apply for visa to your spouse. 

A marriage in India is required to be registered under Indian marriage law. In case a marriage between an Indian and a foreign national is to take place in India, the marriage has to solemnize under the Special Marriage Act of 1954. Under the Act, there’s a 30 day residency requirement, which means that either the bride or the groom has to be living in India for at least 30 days prior to applying to the local registry office to get married. For foreigners, this is evidenced by a certificate from the local police station.

If no objections to the marriage are received within 30 days of the application, a civil ceremony at the registry office can then take place. Three witnesses are required, who have to provide passport sized photographs, as well as identification and proof of address.

You can also opt The Foreign Marriage Act, 1969

This Act to make provision relating to marriages of citizens of India outside India. 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.

You can done the ceremonies in India for the satisfaction of family as per custom. But has no validity. Section 5 of The Hindu Marriage Act specifies that conditions must be met for a marriage to be able to take place. If a ceremony takes place, but the conditions are not met, the marriage is either void by default, or voidable. The marriage  can perform between two Hindus not with a foreigner. if she is Hindu then its ok.

Conditions relating to solemnization of foreign marriages.

  1. 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, notwithstanding that they are within the degrees of prohibited relationship.

If the marriage was registered in India

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.

 

Ajay N S
Advocate, Ernakulam
4073 Answers
111 Consultations

5.0 on 5.0

1. Since, you are residing abroad , then you can register your marriage there in France under the Foreign Marriage Act before the Consulate of India.

2. You can register the marriage in Special Marriage Act in India, if both the couples are in India , However 30 days stay mandatory for the same. 

3. No, the Nuptial agreement is not valid in INDIA

4.Yes, you can solemnized the marriage as per Hindu rituals  , but the registration will be under the Special Marriage Act.

5. Yes

6. Yes

Mohammed Shahzad
Advocate, Delhi
13219 Answers
198 Consultations

5.0 on 5.0

Dear client,  

Both options are possible, but it depends on your personal preference and convenience. If you get married in France, you can register your marriage at the Indian embassy. If you get married in India, you can register your marriage at the French embassy. You should check with the respective embassies for their specific requirements and procedures.

The minimum stay requirement varies by state in India, so you would need to check with the specific court where you plan to get married. Some states have a requirement of 30 days' residence, while others have no such requirement. However, due to the COVID-19 pandemic, the Indian government has relaxed some of the rules for NRI marriages, and you may be able to get married through online platforms. It would be best to check with the Indian embassy in France for the latest rules and procedures.

There is no provision for pre-nuptial agreements in Indian law. However, you can make a post-nuptial agreement, which is a contract signed after marriage that outlines how assets will be divided in case of divorce. It is not binding in Indian courts, but it can be taken into consideration during divorce proceedings.

If you are planning a Hindu religious wedding, you can still make a post-nuptial agreement as mentioned above. You can register your marriage under the Hindu Marriage Act, which is applicable to Hindus, Jains, Sikhs, and Buddhists.

If you perform a Hindu religious wedding, you can register your marriage under the Hindu Marriage Act. There is no requirement to register under the Special Marriage Act.

As mentioned earlier, the minimum stay requirement varies by state, and you would need to check with the specific court where you plan to register your marriage. In some states, there is no requirement for a minimum stay, while in others, a minimum of 30 days' residence is necessary. However, due to the COVID-19 pandemic, the Indian government has relaxed some of the rules for NRI marriages, and you may be able to register your marriage through online platforms. It would be best to check with the Indian embassy in France for the latest rules and procedures.

 

 

Anik Miu
Advocate, Bangalore
8872 Answers
110 Consultations

4.7 on 5.0

Both parties have to be Hindus for marriage under HMA 

 

2) 30 days notice period is mandatory under SMA 

 

3) Maharashtra has facility of online submission of notice of intended marriage under SMA .however facility can be only availed of if both parties have Aadhar card and agree for verification of their details 

 

4) if marriage is solemnised abroad register marriage with Indian consulate under foreign marriage act 

 

5) marriage solemnised abroad can be registered in india 

 

6) pre nuptial agreement is not valid in india 

 

7) lawyer cannot submit application on parties behalf 

Ajay Sethi
Advocate, Mumbai
94713 Answers
7530 Consultations

5.0 on 5.0

Notice of intended marriage.—When a marriage is intended to be solemnized under the special marriage  Act, the parties to the marriage shall give notice thereof in writing in the form specified in the First Schedule to the Marriage Officer of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given, and the notice shall state that the party has so resided.

Marriage between a Hindu and other religion person is not valid under Hindu marriage act.

Especially the marriage between an Indian and foreigner has to be registered under special marriage act.

The marriage may be solemnized in any form which the parties may choose to adopt: Provided that it shall not be complete and binding on the parties unless each party declares to the other in the presence of the Marriage Officer and the three witnesses and in any language understood by the parties,

Whenever a marriage is solemnized under this Act, the Marriage Officer shall enter a certificate thereof in the form specified in the Third Schedule in a book to be kept by him for that purpose and to be called the Marriage Certificate Book, and such certificate shall be signed by the parties to the marriage and the three witnesses.

Under this act, the embassy is authorised to solemnize the marriage when at least one party is Indian and the parties are living in abroad. In such a case, irrespective of the fact that one or both the partners are Indians; the party needs to submit an affidavit by the court of India on a stamp paper signed by a notary and advocate including stating that the parents in India consented and do not have any objection with the marriage. This affidavit is to be produced by the Indian partner only

T Kalaiselvan
Advocate, Vellore
84913 Answers
2195 Consultations

5.0 on 5.0

Yea one person needs physical presence for registration and both required for solemnisation. Marriage under SMA is registered only by default 

no prenups of France not admissible 

you can get admissibility of foreign marriages but can’t register it under Indian law again

online was active during Covid lockdown 

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

Dear client,  

The 30 days residency requirement is considered from the day when the notice of intended marriage is submitted to the marriage registrar.
To prove your residency in the country, you may need to provide additional documentation such as a bank account statement, income tax returns, or rental agreement, in addition to your Aadhaar and electoral card.
Yes, at least one of the partners needs to be present in the country during the 30-day notice period.
No, getting married as per Hindu ceremony does not bypass the notice period for registering the marriage at the registrar's office.
Yes, Maharashtra has an online registration procedure for marriages. As for relaxation for NRI marriages, you may need to check with the concerned authorities in Maharashtra.
You can register your wedding with Indian administration via Indian embassy/consulate or in India after you arrive in the country with the local administration. The marriage will be registered under the Foreign Marriage Act, 1969.
There is no time limit within which you have to notify the Indian administration for registering your marriage in India, but it is recommended to do so as soon as possible.
A pre-nuptial agreement in France may be considered in India when registering the marriage with the Indian administration, but this will depend on the specific terms and conditions of the agreement.
It is not necessary to register the marriage under Special Marriage Act before doing the religious ceremony, but the registration needs to be done within the 30-day notice period after the religious ceremony. The evidence of witness in the wedding photos can be used for registration purposes.
At least one of the partners needs to be present at the registrar's office for the application to be made. A lawyer cannot do it on the couple's behalf.

 

Anik Miu
Advocate, Bangalore
8872 Answers
110 Consultations

4.7 on 5.0

- Even if you are Indian having property other proofs , then also your stay in India for 30 days need after filing of the application before the marriage registrar. 

- Further, if you both are residing abroad, then you can register your marriage under the Foreign Marriage Act before the consulate of India. 

- Further , after the marriage you should inform the consulate of India within one year from the date of marriage. 

Mohammed Shahzad
Advocate, Delhi
13219 Answers
198 Consultations

5.0 on 5.0

1) if marrIage is not registered with Indian consulate or in india then Indian courts would have no jurisdiction 

 

2) you can register your marriage in india under provisions of special marriage act 

 

3) marriage certificate is primary document 

 

4) better to register your marriage in india 

 

5) apostle has to be done in France

 

6) is a certificate that authenticates the origin of a public document (e.g., a birth, marriage or death certificate, a judgment, an extract of a register or a notarial attestation). It confirms the authenticity of the signature and the authority of an official who signed the public document.

Ajay Sethi
Advocate, Mumbai
94713 Answers
7530 Consultations

5.0 on 5.0

 Foreign Marriage Act was passed in the year 1969 to provide provisions for marriages of Indian citizens who are outside the territories of India.

One of the prerequisites to solemnize a marriage under this Act, one of the parties must be a citizen of India. In Foreign countries, the marriage must be solemnized under a Marriage Officer. 

It is the foundation of the act of foreign marriage in India. The marriages solemnized under this act require that one party is Indian or other party is a foreigner. The parties can be both Indian but solemnizing their marriage outside India or one party can be a Non-Resident of India (NRI).

In this case, the marriage can be solemnized and registered in India or any other country from where the foreigner belongs or is a citizen of.

After the marriage is solemnized, parties can get themselves registered under the foreign marriage act, irrespective of the nationality of the other party. The pre-existing marriage must be registered under the act only when it satisfies all the conditions for a valid marriage given in section 4 of the act.

The Marriage Officer may refuse to register a marriage under this section on the ground that in his opinion the marriage is inconsistent with international law or the comity of nations. 

The parties to marriage may get their foreign marriage certified by Indian authorities in the Indian High Commission/Indian Embassy/Indian Consulate of the country where it was solemnised after which it can be registered in India under Foreign marriages act or Special marriages act.

Apostile means it is a certificate that authenticates the origin of a public document by confirming  the authenticity of the signature and the authority of an official who signed the public document.For getting apostile you may have to approach the authority concerned of that country and comply with the prescribed formalities.

 

T Kalaiselvan
Advocate, Vellore
84913 Answers
2195 Consultations

5.0 on 5.0

1. It can’t be again registered but will be valid

You can get all the facilities for your wife in india by registering the same in France also

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

If you are married as per the French law in France, then you are legally married in France. However, if you plan to live or work in India, it is advisable to register your marriage with the Indian administration.

 

To register your marriage in India, you need to visit the local Registrar of Marriages office in the area where the marriage took place. The documents required for registration may vary depending on the state where you want to register the marriage. The importance of registering the marriage in both countries is to ensure legal validity of the marriage in both countries, and for easy processing of visa and other legal documents.

 

The certificate of registration issued by the local Registrar of Marriages in India will be considered as the primary document. The date of marriage mentioned in the Indian marriage certificate will be considered as the primary date of marriage.

 

For the OCI card, you will need to provide the French marriage certificate and the Indian marriage certificate if you have registered your marriage in India.

 

Apostille is a verification process done for documents to be recognized in another country. It is a form of authentication that certifies the origin of the document.

 

Apostille can be done remotely through an authorized agency or service. You need to check with the embassy or consulate of the country where you want to get the documents apostilled for the specific requirements and procedures.

 

 

Anik Miu
Advocate, Bangalore
8872 Answers
110 Consultations

4.7 on 5.0

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