• Foreign Marriage Certificate

Hello, I am a citizen of the Czech Republic, and my husband is an Indian. We both live in Qatar and got married in the Czech Republic last year (July 2022). We have the marriage certificate issued by the Marriage Registrar Office in the Czech Republic. We are moving to India in October.
How can we legalize the Czech marriage certificate to acknowledge our marriage in India?
We need the Indian marriage certificate or another document confirming that our marriage is legalized in India, to apply for X Visa (for myself) and later on the OCI. 
Thank you.
Asked 2 years ago in Family Law
Religion: Other

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

10 Answers

Your Czech marriage certificate is valid in India also. Your marriage is legal for all purposes. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

You can register your marriage in India under provisions of SMA 

 

2) make an application to marriage registrar office in city wherein your husband is permanently residing 

 

3) enclose marriage certificate of Czech Republic 

 

4) identity proof  address proof of parties Like passport,Aadhar card etc 

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

You have two options to legalize your Czech marriage certificate in India:

  • Option 1: You can register your marriage under the Foreign Marriage Act, 1969 in Norway (before the Indian High Commission and or before the Indian Consulate Generals Office as the case is) OR once you visit in India, you can get register in India under the Special Marriage Act, 1954 in order to make it valid and legal in India to get its jurisdiction.
  • Option 2: You can have your marriage registered in India by obtaining a Certificate of No Impediment to Marriage (CNI) to prove you’re free to marry. You also need to have a marriage certificate issued by the registrar.

For both options, you need to provide the following documents:

  • A birth certificate for age proof
  • An address proof
  • Passport size photographs
  • A valid visa
  • Adequate documentary evidence of 30-day residence in India
  • A no-obligation letter
  • A single-status affidavit

You also need to apostille your Czech marriage certificate from the Ministry of Foreign Affairs of the Czech Republic and then from the Ministry of External Affairs of India. Apostille is a process that verifies the authenticity of your document and makes it acceptable in HCCH member countries.

Muraleedharan R
Advocate, Trivandrum
386 Answers
2 Consultations

Get the marriage certificate duly apostled in Czech Republic 

 

2) you can use marriage certificate for applying for X visa 

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

Yes, you can. Get the translation attested  also from India Embassy.  For OCI you shall be required to apply for Indian citizenship. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

It’s valid in india you don’t have to again register the same in india as it’s already registered 

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

Validity of foreign marriages in India:

As per section 15 of the Foreign Marriage act, 1969 under the Validity of foreign marriages in India.—Subject to the other provisions contained in this Act, a marriage solemnized in the manner provided in this Act shall be good and valid in law.

The other  provisions that are referred to herein are:

Conditions relating to solemnization of foreign marriages.—A marriage between parties one of whom at least is a citizen of India may be solemnized under 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 degree of prohibited relationship.

 

A foreign marriage solemnized in accordance with the said statutory procedure will be presumed lawful.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

The central government may, on an application, register as a citizen of India any person if he/she is a person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration.

For any foreigners married to Indians, you can get an Entry visa (X) through any of the FRROs in India. This visa doesn't give you any rights to be employed or do business, but you can stay for a long term in India on this visa.

And you can open a bank account, as well as apply for a PAN card and Aadhar card. Although whether or not you will get it is a separate story.

Apart from other documents, you can get the foreign marriage certificate translated and apostilled and attach to the application for X visa.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

- As per India law, if the marriage occurs outside India, it must be registered with a Marriage Officer, who will be appointed from among the diplomatic officers in a foreign country.  

- Hence, if the said marriage certificate is issued by the Marriage Registrar office in Czech Republic after adopting the proper procedures then the said marriage certificate is valid , and further no validation required from the office of marriage registrar in India. 

- You can apostle the said certificate from the consulate of India.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Acceptance of Foreign Marriage Certificates: India generally recognizes foreign marriage certificates for visa applications. However, there may be specific requirements and conditions that applicants need to meet.

Translation: If your Czech marriage certificate is not in English, it is typically required to have an official translation of the certificate into English. The translation should be done by a certified translator or a recognized translation agency.

Legalization and Apostille: In some cases, India may require that the marriage certificate and its translation be legalized or apostilled. Legalization or apostille is a process by which a document is certified as genuine by the government of the issuing country. This ensures that the document is legally recognized in India.

X-Visa and e-FRRO: The specific requirements for obtaining an X-Visa and using a foreign marriage certificate for this purpose may vary depending on the category of X-Visa you are applying for (e.g., X1-Visa for long-term study or X2-Visa for accompanying a student). The e-FRRO (e-Foreigners Regional Registration Office) is an online platform for visa-related services in India, and you may need to follow their guidelines for document submission.

Consult Local Authorities: It's highly recommended to contact the Indian embassy or consulate in your country or visit the official website of the e-FRRO for India to obtain the most accurate and current information regarding visa requirements and the use of foreign marriage certificates.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer