You can get married in Indonesia and register your marriage with Indian consulate under provisions of foreign marriages act
Your marriage would be considered valid in India
Indian man marrying Indonesian woman
Hi, I am an Indian divorced Hindu man. My girlfriend from Indonesia is a Muslim and she has never been married before. We plan to marry in India under the Special Marriage Act. We have been trying to get NOC regarding her unmarried status from Indian Embassy in Indonesia, since this NOC is the prerequisite for our marriage in India, but we have had no luck so far. Different advocates in Jakarta have told us different processes and sky-high fees. We are completely confused and the time is running out. I want to understand if we can get married in Indonesia instead of India, if this is easier. And, will this marriage be considered valid in the court of law (my ex-wife wants to file a case and I want to make sure that I am officially married before that, hence the question). If this approach works, we can get married in India once my girlfriend shifts her base here.
Asked 1 month ago in Family Law
Religion: Hindu
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8 Answers
Under the Foreign Marriages Act, 1969, our Embassy Officer in Jakarta (as you live in Indonesia) is a designated Marriage Officer under the Special Marriages Act, 1925. You may please contact our Embassy for further assistance in this regard. Wish you good luck and a happy married life.
- Kerala High Court held that if a foreign Embassy does not issue a Single Status Certificate or NOC due to the law, rules and regulations prevailing in that country, then a Declarations or Certificates evidencing the same should be accepted in India for registration of marriage.
- Hence, you can submit a declaration dully notarized from Indonesia and attested from the Indian consulate for the registration for marriage
- However, if you are also living in that country then you can solemnized your marriage as per Foreign Marriage Act there before the consulate of India , and the same is valid in all the country.
You can’t get married in Indonesia as per Indian law unless you do it under foreign marriage Act.
Yes, you cn marry in Indonesia and get the marriage registered from the Indian Embassy under Foreign Marriage Registration Act.
You can try registering your marriage as per foreign marriage act before the Indian Consulate itself.
Dear client
Marriage in India under Special Marriage Act:
NOC for Unmarried Status: The requirement for an NOC (No Objection Certificate) regarding your girlfriend's unmarried status from the Indian Embassy in Indonesia can be frustrating and bureaucratic. Different advocates providing conflicting information is quite common.
Alternative: Marriage in Indonesia:
Feasibility: Getting married in Indonesia can be a viable option, especially considering the challenges with the NOC.
Interfaith Marriage: Indonesia allows interfaith marriages, but with a requirement: one partner must convert to Islam before the marriage. This might not be ideal for your situation.
Validity of Indonesian Marriage in India:
General Recognition: Marriages conducted abroad following the local laws are generally recognized as valid in India, provided both parties were legally competent to marry at the time.
Registration: Once married in Indonesia, you'll need to register the marriage with the Indian Embassy in Indonesia and later get it re-registered in India upon your girlfriend's arrival.
Addressing Your Concerns:
Ex-Wife's Case: A valid marriage in Indonesia would strengthen your position if your ex-wife files a case.
Recommendations:
The legal requirements for getting your marriage solemnised under the provisions of Special Marriage Act are to be complied fully or else your marriage cannot be registered because she is a foreigner and you an Indian.
Getting married at Indonesia cannot be recognised as valid in India especially when you want to bring her to India on the spousal Visa.
