• Divorce/Foreign Marriage

Hello This Question was already answered on the forum but there is a clarification. My friend is a US citizen by birth.

I am writing on behalf of my friend. She got married in India at the age of 19 under the Hindu marriage act. She is a US citizen by birth. My question is her marriage valid since she is a foreigner and the marriage was under the Hindu marriage act? Her then-husband had gotten her converted to Hindu from Christianity before marriage and then they got married in Arya Samaj temple. But she was still a citizen of the US at the time of marriage. So should the marriage have been registered only under the Special marriage act?
Asked 1 year ago in Family Law
Religion: Christian

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7 Answers

There is no bar from foreigner marrying under HMA 

 

the only requirement is both should be Hindus 

 

in present case girl converted into Hinduism hence marriage is valid 

Ajay Sethi
Advocate, Mumbai
94957 Answers
7576 Consultations

5.0 on 5.0

Hi

 

She can register her marriage under Hindu marriage act as she is Hindu. Citizenship is not a precondition for marriage registration under Hindu Marriage Act

 

Thanks

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

Your friend being a US citizen at the time of solemnization of her marriage in India under the HM Act shall not invalidate her marriage.

Swaminathan Neelakantan
Advocate, Coimbatore
2823 Answers
20 Consultations

4.9 on 5.0

Her marriage is invalid as SC has ruled that such marriages are invalid. Further, she being U.S. citizen the marriage should have been under the property of Special Marriage Act. A marriage between foreigner and Indian under Hindu Marriage Act, 1955 is not valid. It cannot be validated by subsequent acts.  

Ravi Shinde
Advocate, Hyderabad
4067 Answers
42 Consultations

5.0 on 5.0

The fact is that an Indian Hindu is marrying a foreign Hindu.

Thus the marriage is between and Indian and a foreigner, even though both were Hindus at the time of marriage.

An Indian and a Foreigner/NRI/PIO can get married in India under the Special Marriage Act, 1954 after fulfilling certain requirements. The parties should send a notice to the Registrar of Marriage regarding the intended marriage and fulfill some ancillary procedures.

If the both the groom and bride who wants to get their marriage registered are Hindus including Jains, Buddhists and Sikhs then, the marriage can be solemnised and registered under Hindu Laws as well as Special Marriage Act.

 

T Kalaiselvan
Advocate, Vellore
85158 Answers
2221 Consultations

5.0 on 5.0

No it can be registered under foreign marriage act as well as per customary laws

Prashant Nayak
Advocate, Mumbai
32092 Answers
183 Consultations

4.1 on 5.0

Dear client,  

Under Indian law, a marriage solemnized under the Hindu Marriage Act is considered valid as long as both parties meet the criteria set out in the Act, regardless of their nationality. The Act does not require either party to be an Indian citizen or to have Indian nationality.

However, if one of the parties is a foreign national, it is advisable to register the marriage under the Special Marriage Act, as it provides additional safeguards and procedures for marriages involving foreign nationals.

In your friend's case, since she was a US citizen at the time of marriage, it would have been advisable to register the marriage under the Special Marriage Act. However, the fact that the marriage was solemnized under the Hindu Marriage Act does not necessarily render it invalid.

If your friend wishes to end the marriage, she can file for divorce under the Hindu Marriage Act, as that is the law under which the marriage was solemnized. However, it is advisable to consult with a lawyer who can advise on the specific circumstances of her case.

 

 

 

Anik Miu
Advocate, Bangalore
9028 Answers
110 Consultations

4.7 on 5.0

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