Under Muslim Personal Law in India, your proposed marriage as a second wife to a Muslim man is permissible, provided he fulfills the Quranic conditions of treating all co-wives justly. Since the Special Marriage Act (SMA) mandates monogamy and explicitly voids any marriage during the subsistence of a prior one, you correctly cannot and should not use that process. To register your marriage, you must utilize the framework applicable to Muslims. This is typically done under the state's specific legislation for the registration of Muslim marriages, as the central law (The Muslim Personal Law (Shariat) Application Act) governs validity but does not provide a uniform registration mechanism. You need to check the rules in the state where the marriage is solemnized; many states have laws like the Karnataka Muslim Marriages Registration Act or similar provisions. The process involves a Qazi (Kazi) or the local marriage registrar for Muslims. The marriage should be solemnized and documented through a Nikahnama (marriage contract), which is the primary evidence. This signed Nikahnama, along with required affidavits, proof of identity, age, and possibly a declaration from the husband regarding his existing marriage, can then be submitted for official registration. This registered Nikahnama serves as your legal marriage certificate under Indian law.

You should have nikha done by recognised Quazi 

2)Since the SMA doesn't fit, you'll use state-specific laws, like the MRMA in Maharashtra, to register the Nikah.

3)You will apply to the local Marriage Registrar

4)enclose  your passport, visa, proof of Muslim faith (or declaration), Nikah documents (Nikahnama), and identity  proofs (address, photos).

5) The Registrar must give the first wife a chance to object; if she does,you will need court orders fir registration of marriage 

6) the Bombay High Court has ruled that a Muslim man can register more than one marriage under the Maharashtra Regulation of Marriage Bureaus and Registration of Marriages Act, 1998

Muslim Personal Law permits a Muslim man to have up to four wives in religious terms therefore the second marriage of your spouse with you may not be treated as illegal as per Muslim personal laws. A nikah (Islamic marriage contract) between two Muslims is religiously valid even if the wife is a foreigner, provided formalities like consent are met.

In India, there is no uniform mandatory marriage registration system just because a religious rite occurred. Some states have rules to register Muslim marriages, but there’s no universally implemented central “Muslim Marriage Registration Act” that is in force everywhere.

So you can perform a nikah. In some states, Muslim marriages can be registered through local state marriage registration rules. This gives you a civil marriage certificate based on your nikah documentation viz., Nikahnama (marriage contract) and identity & address proofs.

The practical availability and procedures vary by state.

In Kerala, a recent High Court decision ruled that if a Muslim man tries to get his second marriage registered under state marriage rules, the registrar must notify his first wife and give her a chance to be heard — and if she objects, the registrar must not register it and the parties must seek a court determination. This means registration isn’t guaranteed and may involve a legal process if the first wife is alive and objects. 

The SMA requires both parties to be unmarried at the time of marriage. A second marriage while the first is subsisting would violate this and make the marriage invalid under the SMA.

Approach the Marriage Registrar under the State’s marriage registration rules for Muslim marriages.

This gives you an official marriage certificate and legal document.

If the registrar refuses to register solely because it’s a second marriage, you may file a suit for  declaration/validation before a family court within your jurisdiction and also seek direction to the concerned registrar to register your marriage under ther personal law. The court's orders  need to: becomes necessary when the first wife isn’t consenting to the registration notice or registration is resisted.

Indian law allows a Muslim man to marry more than one wife only when the marriage is performed under Muslim law. The Special Marriage Act cannot be used for such a marriage...If both parties are Muslim the marriage should be conducted as a Nikah and recorded through a Nikahnama signed by the Qazi and witnesses. This document serves as valid proof of marriage... Since you are a foreign citizen you must also ensure your visa and immigration status is properly handled, as marriage does not automatically grant residency rights.

It will only be registered under shariat act 

Since both you and the man are Muslims, and you intend the marriage to be governed by Muslim Personal Law, the Special Marriage Act (SMA) does not apply at all. The SMA is a secular statute and expressly enforces monogamy, which is why it cannot be used for a second marriage. But there is no requirement in law that a foreigner must marry under the SMA. That is a common misconception.
A second marriage is valid under Muslim Personal Law, provided:
The husband is Muslim
The wife is Muslim
The marriage (nikah) is performed according to Muslim law
Your foreign nationality does not invalidate a Muslim marriage in India.
You do not “register” a Muslim marriage the way one registers under the SMA. Instead, the correct legal process is as follows:
The marriage is solemnised through a Nikah, conducted by a Qazi or authorised religious functionary, in the presence of:
Offer (ijab) and acceptance (qubul)
Two competent Muslim witnesses
Mehr fixed and accepted
Free consent of both parties
After the nikah, a Nikahnama is issued. This document is the primary legal proof of marriage under Muslim law.
For administrative recognition, you may then:
Register the marriage with the local Wakf Board / Qazi office, or
Register it under the State Muslim Marriage Registration Rules (many Indian states allow optional registration of Muslim marriages)
This is not registration under SMA. It is only recording of a Muslim marriage for evidentiary purposes.
Being a foreigner does not force you into the SMA route. Courts have repeatedly recognised Muslim marriages involving foreign nationals, so long as:
Personal law permits the marriage
Proper religious ceremony is performed
No fraud, coercion, or violation of public policy is involved
A few important cautions you must be aware of:
First wife’s consent is not legally mandatory under Muslim law, but lack of disclosure may create civil or criminal exposure if fraud or misrepresentation is alleged later.
If the husband later seeks to register documents, visas, inheritance, or bank nominations, authorities may scrutinise the marriage closely.
If you intend to use the marriage for visa, OCI, or residency purposes, additional documentation and embassy attestation may be required.
Some foreign jurisdictions do not recognise polygamous marriages, which can affect your legal status outside India.
In short:
You cannot use the Special Marriage Act for a second marriage
You do not need the Special Marriage Act
A Muslim nikah is sufficient and valid, even where the wife is a foreign national
Registration, if done, is under Muslim marriage registration rules, not SMA
If you want, you can clarify:
Whether the marriage will be solemnised in India or abroad
Whether the husband’s first marriage is subsisting and legally recognised
Whether immigration or citizenship consequences are involved
Those factors affect documentation strategy, not validity under Muslim law.

Perform the nikah ceremony with a recognized qazi in Aurangabad (proposal/acceptance, 2 Muslim witnesses, mahr specified), obtaining the signed nikahnama. Then register it at the Aurangabad Municipal Corporation Marriage Registrar's office under Maharashtra's marriage registration rules (not SMA)—submit nikahnama, your passport/visa/proof of Muslim faith, husband's ID/address proof, photos, affidavits on marital status, and 2 witnesses; both must appear. Bombay HC allows such second marriage registrations for Muslims. Confirm first wife's no-objection if required locally.

Dear client, 

In the instant case as the marriage is taking place during the subsistence of the first marriage, the same cannot be registered under the Special Marriage Act, 1954. However, for acquiring a validity, it is important that the marriage takes place in accordance with the Muslim customs and practices. The religious ceremony of nikah should be performed adhering to all the requirements including the presence of qazi, witnesses and agreed mahr amount.    

The nikah may be registered under the concerned State Compulsory Marriage Registration Rules by the submission of the nikahnama and the additional documents including the passport, visa which is necessary in this case as one of the party is a foreigner.

Further it is important that the first wife is notified as well since High Courts have ruled that a Muslim man cannot register a second marriage without first notifying and giving his first wife an opportunity to be heard. So it is strongly advised to have the first wife notified as well to avoid any kind of complications.

I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank you.

Under Muslim Personal Law, yes, a Muslim man can legally have more than one wife, so your marriage is not illegal just because it is a second marriage.

Since both of you are Muslims, Special Marriage Act is a big NO, as SMA believes in “one wife at a time only”.

Your marriage will happen through a proper Nikah, not court style registration.

Nikah must have ijab–qubool, two witnesses, mehr, and a Qazi—simple but serious.

Being a foreigner does not cancel your Nikah, as long as you are Muslim and in India legally.

After Nikah, take a Nikahnama from a recognised Qazi (this paper is gold, don’t lose it).

You can get the Nikahnama notarised for extra safety and peace of mind.

Some states allow voluntary registration with Wakf or local Muslim registrar, but it depends place to place.

Trying SMA for second marriage can make whole thing legally messy, so avoid it.

In short—Nikah is your legal path, SMA is not, and paperwork today saves headache tommorow