• Marriage in Hong Kong

Please tell me if an Indian girl get married with  a Canadian boy in Hong Kong,  is this marriage is Indian Government recognize this marriage and can girl change her last name on her Passport and other documents.
Asked 10 months ago in Family Law from Canada
Religion: Muslim
1) )the foreign marriage can be  Registered under the Foreign Marriage Act,1969 in hong kong   (before the Indian High Commission and or before the Indian Consulate Generals Office as the case is)

2) Registration of foreign marriages.—
(1) Where—
(a) a Marriage Officer is satisfied that a marriage has been duly solemnized in a foreign country in accordance with the law of that country between parties of whom one atleast was a citizen of India; and
(b) a party to the marriage informs the Marriage Officer in writing that he or she desires the marriage to be registered under the section, the Marriage Officer may, upon payment of the prescribed fee, register the marriage.

3) girl can change her name in passport on basis of marriage certificate 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
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1) girl has indian passport 

2) she has to apply for change of name on passport after marriage before regional passport office 

3) she has to apply for reissue of passport 

4) In case of women applying for change of surname in existing passport due to marriage must furnish the following:

Photocopy of the Husband’s passport, if any, and
An attested copy of Marriage Certificate issued by the municipality or an equivalent affidavit with supporting evidence as joint photo, marriage card etc.

5) it is always advisable  to register your foreign marriage so that in the event of any dispute Indian court would  get jurisdiction to adjudicate any dispute between the parties to the marriage 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
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1) you can submit an  attested copy of marriage certificate  issued by registrar of marriage  or  affidavit sworn before first class Judicial magistrate on Rs 100 stamp paper as per specimen provided in annexure K 

2) in your case since certificate of marriage is not issued by registrar of marriage in India passport office would want the marriage certificate attested by indian consulate 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
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1.The girl is an Indian and the boy is Canadian but they married at Hon Kong,

2. Under which Act they got married at Hong Kong? Did the marriage certificate mention any Act of hong Kong?

3. if yes, then they shall have to file a petition before the Indian court for getting the said marriage certificate issued by Hong Kong Marriage Registrar validated,

4. After the said marriage certificate is validated by Indian court, you can apply for changing your last name in your pass port.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
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1.Indian Government recognise marriages as per Indian Act or customs,

2. You need to get your marriage registered as per  Act of another country validated by Indian Court,

3. Once your said marriage is validated by Indian Court, your marriage is recognised in India and you bcan change your surname in Passport and all other relevant documents. 
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
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1. You can marry as per foreign marriage Act and get it registered/notarised before the Indian Consulate at your place,

2. You can avoid that if you get your said marriage certificate validated by Indian Court and consequentially get your surname in the Passport changed.  
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
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 The marriage of an Indian citizen with a foreigner is recognized by the Indian law. On the basis of registration of marriage done in Hong Kong the girl should apply for notarization before the Indian Consulate in Hong Kong. After this only she can apply for  addition of her spouse's name on the passport and all other documents issued by the govt of India. If the RPO refuses to add her spouse's name even after being provided the certificate of marriage attested by the Indian Consulate then the order of RPO can be challenged in the High Court which can issue necessary binding directions to RPO.
Ashish Davessar
Advocate, Jaipur
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448 Consultations
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Please tell me if an Indian girl get married with  a Canadian boy in Hong Kong,  is this marriage is Indian Government recognize this marriage and can girl change her last name on her Passport and other documents.
You can marry her and can have your marriage registered in India by following the necessary formalities provided under the law of The special marriages act.
T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
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Can she change her last name on passports and other documents without registering the foreign marriage and with only the marriage certificate from Hong Kong.  I mean does she has to register her marriage before the Indian High Commission and or before the Indian Consulate Generals Office as the case is) in  order for her to change the name on her passport and other ids, and what is the need and benefit of registering the marriage, as Canadian Government is already recognizing this marriage without any further documentations.
Changing her name in the passport (whether last or first) ca be done as per the rules applicable in this regard existing in her country, she cannot change her last name in India as per Indian laws. 
The Indian high commissioner or consulate are not the authorities to perform and issue a marriage certificate, therefore if you want to register your marriage, you have to approach the registrar here in India.
T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
5.0 on 5.0
the girl is an indian citizen, married in Hong Kong with a Canadian citizen,  she went back to india and trying to change her last name on passport,  the passport office is refusing to change the name even after showing the original marriage certificate from Hong kong, why they refuse,  is there any law under which this marriage is not recognized, or are we missing anything or officer at the passport office just need some kick backs.  
There is a procedure to followed for changing the name in passport. Besides getting e changed name published in the newspaper she has to get it published in the government gazette, along with this proof she need to carry with her an affidavit certifying both the names are one and the same duly notarised and an annexure in the form of an affidavit for lady applicant for change of name after marriage which will in the format of annexure 'D'








we know all the above which in your reply and followed and provided what is needed as per requirement, but because the marriage certificate is from Hong Kong they are refusing to accept the application to change the name on the passport.  they are asking to go back to Hong Kong and get it notorized  ( or get stamped ) from Indian consulate 
we know that girl can change the name on passport based on the marriage certificate, but the officer refuse because the marriage certificate from Hong Kong and he says its not recognized in India. 
 The best way to tackle this problem is to apply for registration of marriage in India with the marriage registrar under Special marriages act or foreign marriages act and then pursue the passport accordingly.
T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
5.0 on 5.0

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