Yes, it will be valid in India as per the Foreign Marriage Act. After getting marriage certificate from USA. Do get marriage certificate from India also.
Is my USA marriage certificate legal in India. Me and my fiance planning to get married virtually through a platform called courtley which conducts the ceremony online and provides a valid marriage certificate provided by USA government authorities. Is that marriage certificate considered valid and legal in India? Can I use it to open a joint bank account as husband and wife or to rent a property together? Do I need to get apostille stamp on that certificate?
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Yes, it will be valid in India as per the Foreign Marriage Act. After getting marriage certificate from USA. Do get marriage certificate from India also.
You should get your marriage solemnised in USA registered with Indian embassy or consulate in USA under provisions of foreign marriage act
US marriage certificate would then be valid in india
A valid Hindu marriage can be solemnized only in accordance with the customary rites of and ceremonies of either party to the marriage. Such ceremonies can be performed virtually. Such marriage is valid and binding in India. Only if you have any doubt, you can get declaration of validity of marriage from Family Court in India under Section 7.
- Since, you both are residing in USA, then legally you can register the marriage under the provision of Foreign Marriage Act , and this certificate would be valid in India and all parts of the world.
The said marriage certificate obtained by way of virtual marriage will not be valid in India as India does not recognise virtual marriages. If you want the certificate to be valid, you should try getting married in the Indian consulate or Embassy under the foreign marriage act. As Foreign marriage act 1969 provides a marriage can be solemnized by a marriage officer for foreign country which is appointed by central government of India.
According to the Indian law, a marriage can be registered under either of the two Marriage Acts: the Hindu Marriage Act, 1955 or the Special Marriage Act, 1954. The Hindu Marriage Act is applicable to Hindus, whereas the Special Marriage Act is applicable to all citizens of India irrespective of their religion. The Supreme Court of India has held that marriages of Indians solemnized in foreign countries are valid in India if they are performed according to the law of that country.
online marriages, also known as virtual marriages or e-marriages, were not widely recognized in India. In India, marriage is primarily governed by personal laws based on one's religion, and the process of solemnizing a marriage typically involves physical presence before the marriage registrar or religious authority, along with the fulfillment of certain legal requirements. However, it's important to note that laws and regulations can change over time, and there may have been developments or changes in Indian marriage laws since my last update. Additionally, the recognition of online marriages can vary from one Indian state or union territory to another, as some states may have different interpretations or policies regarding such marriages.
Therefore, if you and your fiance are planning to get married online through a platform called courtley, which provides a valid marriage certificate issued by USA government authorities, you may not be able to use it as a proof of your marital status in India. You may have to register your marriage in India under the Special Marriage Act, 1954, which allows for marriages between Indian citizens and foreign nationals. You may also have to get an apostille stamp on your USA marriage certificate, which is a form of authentication issued by the Ministry of External Affairs (MEA) for documents that are intended for use in Hague Convention countries. An apostille stamp verifies the authenticity of your document and makes it acceptable in other countries.
To register your marriage in India, you may have to follow these steps:
To get an apostille stamp on your USA marriage certificate, you may have to follow these steps:
Your marriage certificate issued by the USA authority is valid in India under the Foreign Marriage Act 1969 for all purposes, however getting the marriage registered under this Act in USA will get you Indian marriage certificate under this Act of 1969.
Marriage between one or two Indian citizens solemnised according to civil form of marriage in any country is valid under the Foreign Marriage Act 1969 and the marriage certificate issued in the foreign country is valid proof of their marriage.
Registration of Marriages under section 17 of Foreign Marriage Act, 1969 (already solemnized in USA) – email the request for registration of marriage [already solemnized in USA] along with all the scanned documents at [deleted] . Accordingly, an appointment date will be conveyed to the applicants.
Dear client,
In India, the validity of a marriage certificate issued by foreign authorities, including those from the USA, depends on whether it complies with Indian laws and regulations. Here are some key points to consider:
Validity of Foreign Marriage Certificates: In India, foreign marriage certificates are generally recognized if they are issued by competent authorities in the foreign country and are in compliance with Indian laws.
Apostille Stamp: To use a foreign marriage certificate in India, it may need to be apostilled. An apostille is a form of authentication that verifies the legitimacy of the document for use in a foreign country. The requirement for an apostille can vary depending on the state or Union Territory in India, so it's advisable to check with the local authorities in the specific location where you intend to use the certificate.
Specific Indian Laws: India has its own set of laws governing marriage, and the recognition of a foreign marriage certificate may also depend on the specific circumstances and legal requirements. Different states in India may have slightly different requirements.
Bank Accounts and Property Rentals: Using a foreign marriage certificate for activities like opening a joint bank account or renting property may be possible, but it's recommended to check with the specific institutions or authorities involved. They may have their own requirements or procedures.