Can A Marriage Performed Abroad Be Registered In India?

Marriage abroad and registration in India become more important as the world becomes more global. Someone can marry outside India’s borders. However, it begs the question, if a marriage is done outside India, can one register it in India? The straightforward answer to that question is yes, a marriage that occurs abroad can also be register in India; however, the process and legalities surrounding it differ based on other factors.

Marriage Registration in India: Legal Framework

• India is a land where marriages may be civil as well as religious, and laws that regulate the registration of these marriages vary with the personal laws governing the parties involved. These personal laws include but are not limit to the Hindu Marriage Act, the Special Marriage Act, the Indian Christian Marriage Act, the Muslim Personal Law, etc. 
• For marriages that are hold outside India, the Indian process for registering it follows most of the provisions under the Special Marriage Act, 1954 which governs marriages between citizens of India regardless of religion.
• The Special Marriage Act is a secular law. It enables Indian nationals whether in India or outside India to solemnize marriages under civil law without having to follow any religious requirements. It lays down the procedure for registering a marriage solemnized amongst Indians abroad.

Steps to Register a Marriage Performed Abroad in India

Legitimacy of a Marriage: Before registering a marriage abroad, one has to verify that the marriage is valid under the laws of the country where the marriage occurred. For instance, if a citizen of India marries in a foreign country, one needs to check whether the marriage complies with the local marriage laws of that country where such marriage occurred, as otherwise, such marriage is not consider valid. Then, the next step is registering it under the Special Marriage Act in India since it has been perform legally and recognized by foreign law.

Required Document Gathering: Registering entails presenting some papers to the Indian authorities. Some of these papers include:

• The foreign marriage certificate, original with notarized English translation, if it is not in English.
• Proof of Indian nationality of both parties (e.g., a passport, or national ID card).
• Passport-size photographs of the two spouses.
• Proof of residence (such as utility bills and lease agreements) to establish the Indian address.
• Foreign marriage certificate, authenticated by the Indian embassy or consulate in the country of marriage.
• A declaration that the marriage has not been register before in India.

Marriage Registration Process: Marriage registration from abroad takes the following steps in India: 

• Step 1: Both spouses must visit the Marriage Registrar’s office available in the jurisdiction where one of the spouses lives. They may make an application to ratify their foreign marriage under the Special Marriage Act. 
• Step 2: Present certificate of marriage executed abroad, along with other documents by the couple. 
• Step 3: If the certificate of marriage executed abroad is in a foreign language, it must be translate into English and notarized for verification by the recognize authorities. 
• Step 4: A notice of 30 days is an important prerequisite for the official entry of the marriage; the incorporate notice will be hence make available to the public at the local registrar’s office to raise objections in the event of any. During this period, those who believe the marriage to be invalid may prevent the registration. 
• Step 5: The couple is to report to the registrar, accompanied by two witnesses for finalization of the registration if there is no objection raise within the notice period. The registrar then issues a certificate acknowledging the marriage. 
• Step 6: Once the marriage is register, both spouses will be issue with the official Marriage Registration Certificate, serving as proof that they have formally married.

Involvement of Embassy: Some people choose to get married – by registering this marriage with the Indian embassy or consulate in the country in which the marriage was solemnize. Although this is not the case for everyone, the primary reason for registration with the embassy is that the embassy may verify the marriage and issue a certificate that can then be register in India. Indian registration would be the same step that might be available to an individual; however, it is quite a different process from that which comes under the Special Marriage Act in India.

Validity of Foreign Marriages in India

Under Indian law, a marriage contracted in another country becomes valid if it is as per the statutory requirements of that particular country. The Foreign Marriage Act, of 1969, applies to such marriages between Indian citizens outside India. This law provides that Indian citizens may marry in a foreign country and the marriage would then be legally valid in India as long as it is under the laws of that foreign country. 

But a few exceptions need to be kept in mind:

• The marriage should be such that it is between two persons who are legally competent to marry either according to the local laws or as per Indian laws.
• The marriage should not violate any provisions of Indian law or public policy, like prohibiting marriages within a prohibited degree or polygamy.

One can talk to a lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtain at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online for free through Lead India.