• Is our marriage in US valid in India

I am on H1 B visa and my spouse in on OPT, residing in the US. We got our marriage registered here and have the marriage certificate. We want to know if this certificate is valid for all legal purposes in India? Or do we need to register it separately in India?
Asked 12 months ago in Family Law from Pune, Maharashtra
Religion: Hindu
Any marriage between Indian citizens, in accordance with the law of the country, to which they are for the time being subject, is valid under the Indian law. If you wish to register it in India then you may do so, but this is not mandatory.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
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Since you are Indian citizen and Hindu by religion a certificate of marriage registration either under Hindu Marriage Act or under Special Marriage Act is essential.
If not then perform marriage as per Hindu rituals i na  temple either in India or in USA.
Devajyoti Barman
Advocate, Kolkata
5176 Answers
54 Consultations
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Hi, if the competent authority issued a marriage certificate then the marriage certificate is also valid in India.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
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1) you mean to say your marriage is registered in USA? 

2) you can register your marriage with the Indian consulate under provisions of Foreign marriages act 


3)in the alternative the marriage can be registered in India by the parties either under the Special Marriage Act,1954 or any other Matrimonial enactment made for the registration of the marriage.

4) in case the marriage is not registered under foreign marriages act or is not registered in india  Indian court cannot get jurisdiction to adjudicate any dispute between the parties to the marriage 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
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1) the Foreign marriages Act provides for the embassy/high commission official to be entrusted the power to act as the Marriage Officer under the Act, perform,register & issue valid marriage certificate to the parties. 

2) visit the indian embassy or consulate . 


3) fill in the application form .

 Documents required:
 
Passport of both spouses along with NRIC/EP/WP/SP card.
 
Documentary evidence of marriage such as wedding card or photographs
 
Affidavit confirming the marriage duly notarised by a Notary Public  The date and place of marriage should be mentioned in the Affidavit. 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
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You have to apply afresh for marriage certificate from the office of marriage registrar in India. I am not sure Indian consulate will be of any help to you.
Devajyoti Barman
Advocate, Kolkata
5176 Answers
54 Consultations
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The certificate from Indian Consulate can be obtained on the basis of the marriage certificate issued by the competent authority in USA.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
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1. You can marry as per Hindu Marriage Act in the USA by solemnising your marriage in any Hindu temple and get your said marriage registered before the local Indian Consulate,

2. You can register your marriage before the Indian Consulate even without any social marriage,

3. Your marriage as per USA law will nor be valid in India unless endorsed by India Court.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
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1. Visit your local Indian Consulate,

2. Seek for the authorised officer who notarises affidavits executed abroad by Indians,

3. He is normally assigned with the job of registering marriages.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
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If you want to get a marriage certificate in India, you have to register for it by filling p the requisite form and complying with the necessary formalities.
Your marriage will be registered under special marriages act.
The complete information including the formats for affidavits can be had from the Local registrar's office where you would like to get the desired certificate.
T Kalaiselvan
Advocate, Vellore
13945 Answers
127 Consultations
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