Register your marriage with Indian consulate
if marriage solemnised abroad is registered with Indian consulate in Denmark it would be valid in India
I am an Indian citizen currently residing in europe and am in the process of applying for a German family reunion visa, as my spouse is residing in Germany(Indian citizen). We were legally married in Denmark, and our marriage certificate has been duly apostilled by the Danish Ministry of Foreign Affairs. As part of the visa application process, the German Embassy has requested that I provide a confirmation that our Danish marriage is recognized under Indian law.
Register your marriage with Indian consulate
if marriage solemnised abroad is registered with Indian consulate in Denmark it would be valid in India
Indian courts recognize marriages conducted abroad if they are valid under the law of the country where performed and supported by proper documentation, such as apostilled certificates. Recognition depends on compliance with Indian legal standards, including registration and certification procedures under the Foreign Marriage Act, 1969, or the Hindu Marriage Act, 1955, depending on the marriage's religious context. Marriages are recognized in India when they are legally valid in the foreign country and properly certified by Indian authorities, ensuring adherence to procedural requirements.
Recognition of your Danish Marriage
- A marriage legally performed in Denmark, with a duly apostilled marriage certificate, can be recognized in India if it complies with Indian legal requirements for foreign marriages.
- Under Indian law, particularly the provisions relating to recognition of foreign marriages, such marriages are valid if they are in accordance with the law of the country where they were performed and are properly certified or registered with the appropriate Indian authority or through the procedures outlined in the Foreign Marriage Act .
yes it’s recognised under Indian law. You can submit relevant documents to Denmark consulate to get recognition of the said marriage under foreign marriage act. Therefore same will be a documented thing recognising your marriage in India
Yes, your Danish marriage is valid under Indian law.
As per the Foreign Marriage Act, 1969, a marriage between two Indian citizens conducted abroad (like in Denmark) is recognized in India if:
It follows the law of the foreign country,
Both parties are legally eligible to marry under Indian law, and
The certificate is apostilled (which yours is).
You can submit a short statement saying:
“Our marriage, solemnized in Denmark and duly apostilled, is valid under Indian law as per the Foreign Marriage Act, 1969.”
Let me know if you need a one-line legal opinion for embassy use.
- Since, your marriage is solemnized in Denmark and the certificate issued therein , then you should registered this marriage certificate before the Indian Consulate
- The registration and attestation of Indian Consulate is necessary to be recognized under Indian Law.
Indians getting married in a foreign country should register their marriage with the Indian embassy or consulate in that country. This registration process ensures the marriage is legally recognized in India and facilitates various legal procedures.
The Foreign Marriage Act, 1969, outlines the procedure for registering marriages solemnized in foreign countries where at least one party is an Indian citizen.
A foreign marriage has to be necessarily monogamous. At the time of solemnization of marriage, neither of the party must be having a living spouse .
A foreign marriage in contravention to this rule would be null and void when read with s. 24(1)(i) of Special Marriage Act, 1954.
Therefore, if you are a Non-Resident Indian (NRI) who marries abroad, it's highly recommended to register your marriage in India, even if it's not legally mandated.
While there's no central law requiring NRI marriage registration abroad, registration is crucial for proving the validity of the marriage in India, especially for legal and practical purposes.
The couple needs to appear in person at the Indian embassy or consulate along with three witnesses, who are Indian nationals, to sign the marriage register and consular records.
Registration ensures the marriage is valid for visa applications, property inheritance, banking issues, and other legal matters.
In every Indian embassy, there is marriage officer. Your marriage certificate will be attested and sealed by him. That is sufficient proof of valid marriage.
SIR/MADAM,
It is suggested that the said marriage is duly valild and acknowledged by the Indian Law under the provisions of Civil Proceure Code.
Dear Client,
Your Danish marriage certificate, properly apostilled by the Ministry of Foreign Affairs of Denmark, is normally considered valid for official purposes, such as visa applications, since Denmark is a signatory to the Hague Apostille Convention, to which India is also a signatory. But for some official reasons in India, you can be required to register your foreign marriage under the Foreign Marriage Act, 1969, or the Special Marriage Act, 1954. Registration is carried out at the Indian Embassy/Consulate where the marriage was conducted or even in India.
Brief Legal Position
Your Danish marriage certificate apostilled is accepted by law in India for all intents and purposes, such as visa applications. For official acceptance in India (such as in matrimonial cases or inheritance), you can have the marriage registered under the Foreign Marriage Act by the Indian Embassy in Denmark, or under the Special Marriage Act in India. The registration involves both spouses and the witnesses appearing in person before the Marriage Officer. Presenting the apostilled certificate with identification proof and other documents should be enough for the German Embassy's request for verification that your marriage is legally valid in India.
As both the parties are Indian citizens, any marriage, even if solemnised outside of India is duly recognised in India. You can get you a legal opinion to that effect from any experienced lawyer on their letterhead, which can be used by you for the aforementioned purposes.
Registration of marriage in Indian embassy or consulate can also be one option to formalise the marriage As per Indian laws