• Marriage registration

My wife and I are married according to the Islamic law and we have our marriage certificate yet we are finding it difficult to get it registered. I am a foreigner and my wife is Indian and that is where the problems lies. We tried to register it in the city where she works, and first the clerk said it cant be registered because am a foreigner, then we met the SDM who said, if we are married, then why do we want to register it and that he has never experience sanctioning a marriage certificate if one of the person is a foreigner and that he will consult his colleagues if this is possible. This was in November and till date nothing has being done. When we meet him, he says he is still consulting. Please can anyone help us out with what to do? Can we do it somewhere else? Please can anyone help us here? I just want this done, so that I can get her a visa to my country. Please help us out here
Asked 7 years ago in Family Law
Religion: Muslim

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20 Answers

Hello,

If you are a foreigner then your marriage will not be registered.

You will have to get the marriage registered under the provisions of the Special marriage act.

The same can be registered at the place where your wife is usually residing.

An application will have to be moved before the registrar of marriage with 3 witnesses. thereafter a newspaper publication will be done.

and after 30 days you can get your marriage registrationcertificate under the special marriage act.

Regards

THE ABOVE ADVISE HAS BEEN GIVEN WITH A BASE THAT YOU ARE A FOREIGNER

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

You may file a civil writ petition before High Court ALLAHABAD....Once you will get a civil protection from High Court....you will be eligible for Marriage Registration in accordance with the law prevailing in INDIA.

Raj Kumar Mishra
Advocate, Allahabad
177 Answers
2 Consultations

You ought to have solemnised your marriage under provisions of SMA

2) 30 days notice ought to have been given and on expiry of 30 days marriage solemnised

3) Under the Special Marriage Act, 1954 a certificate showing the signatures of the persons married, the registrar and the witnesses will be issued. This Certificate is required as proof of the marriage and when applying for a visa to for a foreign country.

The following documents are required for both the partners:

a valid Passport

original Birth Certificate showing parents' names

if the person concerned is widowed, the original death certificate of the deceased spouse

If divorced, copy of the final decree

documentary evidence regarding stay in India of the parties for more than 30 days (ration card or report from the concerned SHO)

4) if your marriage has been solemnised under Muslim personal law and registrar is refusing to register marriage file writ in HC and seek orders to direct marriage registrar to register your marriage

Ajay Sethi
Advocate, Mumbai
97224 Answers
7850 Consultations

Dear Sir,

Do you have a proof of your Nikah Ceremony? Being a foreigner does not mean you cannot register the marriage.

Please go online for marriage registration for the State of Uttar Pradesh. Visit the following site http://igrsup.gov.in/igrsup/userMarriageRegistration.

Uma Vyavaharkar-Acharya
Advocate, Mumbai
69 Answers
2 Consultations

The marriage registrar is empowered to register the marriages and provide certificates of marriage if solemnized in India in your case in the special marriage Act.

Please approach the court with all your available documents any apply your registration. Please find an advocate who may help you.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

Approach the Allahabad High Court and file a writ of mandamus against UP Government so that a direction is issued for the registration of your marriage.

Flux of rules or legal procedure to handle the present set of circumstances cannot be a ground for the Govt. to deny you the registration of your marriage.

Move a presentation before the Dept. of Stamp and Registration and thereafter come before the High Court in a writ petition.

Vibhanshu Srivastava
Advocate, Lucknow
9670 Answers
310 Consultations

Hi

You have to register under the provisions of the Foreign marriage act by following the procedure of giving notice of intended Marriage as per the "The Foreign Marriage act 1969".the date of your marriage shall be form the date of signing the marriage before the Registrar of marriages under The Foreign Marriage act, 1969.This means your date of marriage will not be your Muslim marriage.

OR

if you have married outside the country as per Islamic provisions you can register it in India under foreign Marriage act,1969, by providing the proof of that marriage.

where did you get married ? if anywhere outside India you can register it under foreign marriage act.

If you have solemnized your marriage outside India as per Islamic provisions, it is possible under law to register your marriage in India under Sec.17 of The Foreign Marriage act 1969", For this you need to have a proof to show that your marriage is solemnized in Indonesia. The marriage officer in India has to be satisfied that the marriage took place as per section 4 of the act, which talks about the conditions required to marry.

Now the section 17 of the Foreign Marriage act 1969" is as follows.:-

REGISTRATION OF FOREIGN MARRIAGE SOLEMNIZED UNDER OTHER LAWS

17. 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 at least 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 this

section, the Marriage Officer may, upon payment of the prescribed

fee, register the marriage.

(2) No marriage shall be registered under this section unless at the

time of registration it satisfies the conditions mentioned in section

(3) The Marriage Officer may, for reasons to be recorded in

writing, refuse to register a marriage under this section on the

ground that in his opinion the marriage is inconsistent with

international law or the comity of nations.

(4) Where a Marriage Officer refuses to register a marriage under

this section the party applying for registration may appeal to the

Central Government in the prescribed manner within a period of thirty

days from the date of such refusal; and the Marriage Officer shall

act in conformity with the decision of the Central Government on such

appeal.

(5) Registration of a marriage under this section shall be effected by

the Marriage Officer by entering a certificate of the marriage in the

prescribed form and in the prescribed manner in the Marriage

Certificate Book, and such certificate shall be signed by the parties

to the marriage and by three witnesses.

(6) A marriage registered under this section shall, as from the date

of registration, be deemed to have been solemnized under this Act.

Please read online "the foreign marriage act 1969" sec.4&17

Thresiamma G. Mathew
Advocate, Mumbai
1645 Answers
212 Consultations

If either of you are foreign national you can get the marriage registered under special marriage act in India for which personal presence of both parties is required.

If you find this procedure beyond your convenience then you can get the marriage registered under foreign marriage registration act from the office of Indian consulate situated in the country of the spouse who is a foreign national.

Devajyoti Barman
Advocate, Kolkata
23277 Answers
516 Consultations

hi, yes you can get it done under the provision of special marriage act..your presence will be needed here in India while registration

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

1. The marriage can be registered under Special Marriage Act. A marriage between an Indian citizen and a Foreigner is governed by Special Marriage Act which allows marrying Indians from different religions or Indians and foreigners to get married. The act also governs the marriages of both the parties to the marriage being Indian but from different religious backgrounds .i.e. Inter caste marriages.

2. If the marriage registrar does not register the marriage then a writ petition may be filed in the High Court to seek binding directions to him to register the marriage.

Ashish Davessar
Advocate, Jaipur
30780 Answers
973 Consultations

if you dont want to file writ get married under provisions of SMA in India

2) the entire process would not take more than a month or so

Ajay Sethi
Advocate, Mumbai
97224 Answers
7850 Consultations

If you are also Indian citizen then what is problem? Your marriege must be eligible to be registered. Another thing, you want to go back your motherland officially again....but why are you telling to authority.

Raj Kumar Mishra
Advocate, Allahabad
177 Answers
2 Consultations

Even if he is a foreigner it can be registered if one person is of home country. In India with the help of special marriage Act such marriages are solemnised and also registered. If they are not answering your querry then file RTI application and get details for the same and get registered your marriage.

Prashant Nayak
Advocate, Mumbai
32660 Answers
207 Consultations

1. Writ will not take time, rather it is a speedy remedy. There is no remedy under Indian constitutional/legal framework speedier than a writ.

2. This is the only speedy and efficacious remedy available.

Ashish Davessar
Advocate, Jaipur
30780 Answers
973 Consultations

Contact a local lawyer who can help you with this internally.

Vibhanshu Srivastava
Advocate, Lucknow
9670 Answers
310 Consultations

If you two have a Aadhar Card then the marriage can be registered accordingly. The registration of marriage act applies to both Hindu and Muslim.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

Please can anyone help us out with what to do? Can we do it somewhere else? Please can anyone help us here? I just want this done, so that I can get her a visa to my country. Please help us out here

Since one of the party to the marriage is a foreigner, the marriage cannot be registered under any other law except special marriage act.

In India, civil weddings are governed by the provisions of The Special Marriage Act (1954). Under the Act, there’s a 30 day residency requirement, which means that either the bride or the groom has to be living in India for at least 30 days prior to applying to the local registry office to get married. For foreigners, this is evidenced by a certificate from the local police station.

You’ll need to submit your In addition, evidence of eligibility to be married is usually required. Anyone who hasn’t been married should obtain a single status affidavit (in the US), a Certificate of No Impediment (in the UK), or Certificate of No Record (in Australia). If you’re divorced, you’ll need to produce the Decree Absolute, or if you’re widowed, a copy of the death certificate.

If no objections to the marriage are received within 30 days of the application, a civil ceremony at the registry office can then take place. Three witnesses are required, who have to provide passport sized photographs, as well as identification and proof of address. The marriage certificate is usually issued a couple of weeks after the wedding.

T Kalaiselvan
Advocate, Vellore
87426 Answers
2348 Consultations

You dont require a lawyer to handle this issue.

You being a foreigner, dont insist on immediate registration of your marriage.

You can follow the procedures to be adopted for registering the marriage by a foreigner to an India as envisaged in the special marriage act.

The brief outlines have been furnished in my previous post.

You can get into action directly, if the sub registrar is not obliging, you can have an audience with the district registrar with an application narrating your bitter/harrowing experience with the ill-knowledge officials in this regard and request for his intervention and relief.

T Kalaiselvan
Advocate, Vellore
87426 Answers
2348 Consultations

There would be little difficulty in the registration of the marriageso you have to solemnise your marriage under special marriage act.

Atul Shahi
Advocate, Allahabad
160 Answers
1 Consultation

Hi, with so many responses you already have, it is suggested to take the help of embassy of your country and get the things expedite.

Ganesh Singh
Advocate, New Delhi
6769 Answers
16 Consultations

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