• Official second wife for Indian muslim man

Good day!
I am Ukrainian citizen, my fiancé is Indian citizen (muslim).
Already he is married with American woman. I am going to be a second official wife.
1) Which documents do I need as a foreign and which documents need my fiancé  to make official marriage in India?
2) Can I marry in India with a tourist visa?
3) Should Ukrainian Embassy in India approve our marriage certificate with stamp or no ?
4) Our marriage certificate will be legal only for India? Or for all  muslim countries which accept more than one wife? Or for all countries including those which do not accept more than one wife?
Thank you.
Asked 8 months ago in Family Law from Kuwait
Religion: Christian

1) A Muslim man married according to Shariat Muslim Law can have four Muslim wives legally on certain conditions, however if the Muslim marriage with first wife was registered under the Special Marriage Act,1954 than such Muslim man get bound by the said Act of 1954 and he cannot marry during the lifetime of first wife 

2) your husband can remarry second time only if he treats both wives equally . ask your husband to obtain written consent of his first wife for the marriage . 


3) in a recent case family court in bombay had restrained husband from remarrying second time The law and the religion both do not permit a Muslim man to perform another marriage as of a right by defeating and delaying the rights of his first wife,

4) Muslim men are preached that they can marry for the second time only if they are able to be equitable to both the women. "In the same breath the surah nisa further states that practically this is not possible and therefore second marriage should not be contracted because it will cause injustice,"

5) you can marry in india with tourist visa 

6) marriage certificate would be legal in india 
Ajay Sethi
Advocate, Mumbai
23365 Answers
1223 Consultations
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1. The marriage is to be registered with a local Qazi who after performance of marriage would issue a certificate of marriage called Nikahnama.
2. Yes, you can marry with a tourist visa.
3. The Embassy has nothing to do with the marriage nor it is going to attest it.
4. Tye marriage certificate issues by one country is valid for all over the world.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
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Do you have shariah law applicable in Ukraine? Your fiance has to first divorce his American wife in accordance with the law to which he is subject before he can remarry. Unlike India the Muslim personal law is not in force in India, so the marriage of your fiancee to his American wife must have been under Special Marriage Act. As a corollary thereto, he cannot remarry unless he divorces her.

Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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1. your passport and visa details are needed for the marriage purpose to prove your identity, nationality and your reason of visit in India.
If you get married as per muslim law in India, the marriage certificate has to be obtained from the registrar of marriages, which will be a difficult thing as you are not an Indian. So your marriage has to be under foreign Marriage act to get a valid certificate.  
2. Yes you can marry an Indian while you are India on a tourist visa.
3. If you get married under Foreign Marriage act, there should not be any problem in embassy. However before the marriage both of you  should be unmarried or divorced from your previous respective marriages 
4. Your Marriage certificate will be valid globally Foreign Marriage act,,both the parties have to be unmarried or divorces,  .This also means that your husband needs to get divorce from his wife.
 All countries have marriage laws depending on religion . when you are in a country with a marital status of your religion it is accepted there provided your marriage is legal as per your religion.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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Being a foreign citizen, that too a Christian, you need to observe the rule meant for marriage under foreign marriages act 1969. 
Section 4 of the foreign marriages act, 1969 states that :
 Conditions relating to solemnization of foreign marriages - a marriage between parties one of whom at least in a citizen of India may be solemnized under this Act by or before a Marriage Officer in a foreign country, if, at the time of the marriage, the following conditions are fulfilled, viz - a) neither party has a spouse living, b) neither party is an idiot or a lunatic, c) the bridegroom has completed the age of twenty-one years and the bridge the age of eighteen years at the time of the marriage ; and d) the parties are not within the degrees of prohibited, relationship.
Provided that where the personal law or a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees of prohibited relationship.



Submission of notice of intended marriage

At least one of the prospective bride or bridegroom must be an Indian national and a legal resident within the jurisdiction of the Consulate. If any one of prospective bride or bridegroom is not an Indian national, a No Objection Certificate from the concerned authority or an affidavit declaring his/her marital status and willingness to marry an Indian national, duly attested by the concerned authority need to be submitted. Three witnesses who are Indian nationals must be physically present along with the prospective bride and bridegroom at the time of submission of notice of intended marriage.
. Required documents:

Completed "Misc. Services" application forms with one passport size photo affixed in the box.

Fill in all the information correctly. Incomplete application will be returned without service.

Original and one copy of identification pages of the passports of all the five individuals.

Copy of Proof of address (utility bill, driver license or lease agreement).

Copy of valid Visa/Green Card for Indian citizens and for other citizens of Indian origin attach a copy of their OCI card/PIO card/Renunciation of Indian Citizenship Certificate (if applicable).

Notice of intended marriage (4 copies) (Form-I).

Declaration by prospective bride and bridegroom in duplicate (Form-II).

Sworn Affidavit by prospective bride and bridegroom in duplicate.

Four identical, passport size, recent, photographs each of prospective bride and bridegroom.

Fee $50 and $3 for ICWF.

Fee is to be paid by cashier’s check or money order drawn only in favor of "Consulate General of India". There should be a seperate cashier's check or money order for ICWF Fee. Cash payment is also accepted at the counter of the Consulate. Applicants are requested to come with exact change for efficient services.

Personal checks, Debit cards and Credit cards are not accepted.

If application is being sent by post please sent a seperate $20/- cashier’s check or money order fee for return mail. No prepaid envelopes are accepted.

Solemnization and registration of marriage

Three witnesses who were present at the time of submission of notice of intended marriage should be present at the time of marriage solemnization and registration.

 All the five persons must present their original passports at the time of marriage solemnization and registration.

The three questions are answered above, the fourth one cannot be answered because it depend on the law of the country in which you may like to settle down.
T Kalaiselvan
Advocate, Vellore
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